PROCEEIDII^GS 


OF THE 


RETURNING BGARD 


OF THE 






STA^TE OF LOUISIANA.. 


/ 


ELECTION OF 1876 




'itvt V' 











POMPLIMENTS OP 


W. R. FISH, 

New Orleans Republican. 


\ 





OF THE 


RETURNING BOARD OF THE STATE OF LOUISIANA. 


-»- 

FIRST DAY’S SESSION. 


Thursday, Noyember 16, 1876. 

The members of the Board of Canvassers 
met at their rooms in the State House, at 
12:30 P AI 

Present—Messrs. J. Madison Wells, 
Thomas C. Anderson, G. Casanave and L. 
M. Kenner 

The board proceeded to complete its or¬ 


ganization by the election of the following 
officers: 

Ex Governor J. Madison Wells, presi¬ 
dent; Charles S. Abell, secretary, and a 
sufficient number of clerks. 

The board, after some ordinary business, 
adjourned to Saturday, at twelve o’clock. 


SECOND DAY’S SESSION. 




Saturday, November 18. 


The members of the Board of Returning 
Officers held the second meeting to-day, 
all four members present, Mr. Anderson 
being the last to arrive. 

In the rooms were, before the board came 
to order, Messrs. Zaoharie, Spofford, Mc- 
Gloin, Cavanac, Gautheraux and others, as 
representatives of the Democratic party, 
and many of those who have visited New 
Orleans to see the count of votes. Among 
the latter were Messrs. Trumbull, Palmer, 
Stallo and McHenry. Conversation was 
general, but little being said of the elec¬ 
tion, greetings and introductions being in 
order. 

At half-past twelve,the board came to or¬ 
der. 

The reading of the minutes of the former 
day was dispensed with. 

Mr. Anderson moved, stating that he had 
no choice, that a sergeant-at-arms be 
elected. 

With Mr. Kenner’s amendment that he 
have power to obtain a place of meeting, 
the motion was carried. 

Mr. Anderson requested to be allowed to 
present a preamble and resolution, which, 
after a reading, were adopted. |They ap¬ 
pear in full in another portion of this pa¬ 
per.] 

At Mr. Anderson’s request the secretary 
read the list of parishes irom which returns 
had been received, as follows: 


Ascension, 

Assumption, 

Avoyelles, 

Baton Rouge, West, 
Bienville, 

Calcasieu, 
Catahoula, 
Claiborne, 
Concordia, 
Feliciana, East, 
Peleciana, West 


Orleans, 

Pointe Coupee, 
Rapides, 

Richland, 

St. Bernard, 

St. Charles, 

St. James, 

St. John the Baptist, 
St. Martin, 

St. Mary, 

St. Tammany, 


Iberville, Tensas, 

Iberia, Terrebonne, 

Jickson, Union, 

J fferson, right bank, Vermilion, 

Jefferson, left bank, Vernon, 
lijifayette, Washington, 

Lincoln, Winn. 

Natchitoches, 

Thirty-seven in all, with nineteen to hear 
from. 

President Wells then announced that no 
further business relative to the returns 
would be done, and the board would go into 
executive. session. 

Mr. Anderson inquired if the board would 
canvass the returns if the others did not ar¬ 
rive. 

President Wells said the board had but 
a short time to work in. It would be bet¬ 
ter, perhaps, to commence Monday, but it 
would not be exactly proper. 

Mr. Anderson said the electors were re¬ 
quired to meet early in December, and he 
favored an early count. 

Mr. Kenner suggested beginning with the 
parish of Orleans. 

It was stated that as the canvass of 1874 
had been by congressional districts, that 
would be the best method. 

Mr. Zacharie said that, if in order, he 
would like to ask if the board had come to 
any conclusion relative to the appearace on 
the part of Democratic candidates of coun¬ 
sel to represent them. 

President Wells said that he had already 
stated that whenever points were in dis¬ 
pute counsel would be notified and heard, 
it desired. 

Mr. Zacharie said he had understood that 
the returns would be opened that they 
might have an opportunity to compare them 
with the returns that they had. 

President Wells said the board had 
nothing to do with their returns. Counsel 
might take minutes and compare them with 










2 


Proceedings of the Returning Board. 


what they had if desired. The board 
would endeavor to procure them suitable 
rooms, oonveuieut to that of the board, and 
they would be immediately apprised of any 
disputed point. 

Mr. Zaoharie said he had understood they 
were to be afforded an opportunity to learn 
if there were any grounds of contest and 
allowed to examine the returns then and 
there. 

Judge Spofford said he had understood 
Governor Wells very well and recollected 
that he had said the returns were to be 
opened before all and inspected. 

President Weils ^aid that was so, that 
they would be opened for the purpose of 
seeing if they had been tampered with. 

Judge Spofford said that was his under- 
standiug. 

Mr. McGloin asked if that was to be in 
the presence of the representatives of the 
different parties, and Mr. Wells said yes. 

Mr. Zaoharie said he desired to offer a 


protest, and make an argument, if the board 
would hear it. 

President Wells said the board had re¬ 
solved to hear nothing relative to elections 
that day, but it could be tiled then, or on 
Monday, when it would be considered. 

Mr. Z ioharie said it was simply a plea to 
the jurisdiction of the board. He would 
tile it and ask to be heard in argument 
on it. 

President Wells answered that it was 
utterly impossible to decide on a question of 
which the board knew nothing, or to hear 
an argument on the election. After exam¬ 
ination, when it comes up, then he would 
give the opinion of the board—probably on 
Monday. Notice would be given when and 
where the board would meet then. 

As the balance of the business was wholly 
executive, the room was cleared. 

It was determined that the Senate Cham¬ 
ber should be used, and that the session 
should commence at twelve o’clock noon, 
on Monday. 


THIRD DAY’S SESSION. 


Alonday, November 20. 

President Wells called the meeting to 
order at half past twel\ e o’clock. 

The minutes of the previous meeting 
were read and there being no objection 
they were adopted. 

On the part of the deputations from the 
North in the city there were present, by 
invitation of the Returning Board the fol¬ 
lowing representatives of the Republicans: 
Senator John Sherman, of Ohio; E. W 
Stoughton, Esq., of New York; General 
J. A. Garfield, of Ohio; C. Parker, Esq^, of 
New Jersey; General Tuttle, of Iowa, and 
one reporter. 

On the part of the Democrats there were 
present. General John M. Palmer and Hon. 
Lyman Trumbull, of II inois; ex-Governor 
William Bigler, of PHunsylvanin; George 
W. Smith, vEsq., of Wisconsin; Hon. P. H. 
Watson, of Ohio, and two reporters. 

President Wells stated that in an execu¬ 
tive session of the board they had estab¬ 
lished certain rules by which they were to 
be governed, and to which the attorneys of 
the different parties would be required to 
strictly adhere. 

Assistant Secretary William H. Green 
read the rules, which were as follows: 

With a view to regularity and expedition 
in the discharge of the duties of returning 
officers of elections, the following rules are 
adopted for guidance: 

1. The returning officers wilrTneet at 11 
A. M. each day (Sundays excepted), at the 
place designated for holding their sessions, 
unless a different hour or place be desig¬ 
nated at the adjournment. 

2. Upon meeting the presiding officer of 
the board shall order the roll of members 
called, and if a quorum be present he shall 
direct the secretary to read the minutes of 
the preceding meeting or meetings, unless 
the reading thereof be dispensed with. 


3. The secretary shall keep daily an ac¬ 
curate account of the proceedings of the 
returning officers. 

4. The returning officers will first take 
up, canvass And compile returns from the 
parishes where no objection is made to 
the canvass or compilation of the votes 
cast at any polling place in such parish or 
parishes, on account of fraud or intimida¬ 
tion, or other illegal practice; examining 
in this only to ascertain whether the legal 
formalities have been complied with in 
holding the election and making the returns 
to tbe returning ofncers. 

5. That after disposing of the parishes as 
provided in the preceding rule, that then 
the returning officers . take up the parishes 
in which objection is made to the vote of 
any or all the polls in such parish; that they 
shall first canvass and compile the votes at 
the polls in such parishes to which no ob¬ 
jection is made, aud then they shall take up 
the contested polls in such parish; provided, 
that if it become necessary to delay the in¬ 
vestigation of any such polls on account of 
the absence of witnesses or other evidence, 
the same may be continued until a day to 
be fixed by the returning officers; that the 
returning officers shall decide at the time 
they are ready to proceed what parishes 
they will take up first. 

6. That all motions made by candidates, 
or their attorneys, or by other persons au¬ 
thorized to appear before the returning offi¬ 
cers, shall be in writing and signed All 
arguments presented to the returning offi¬ 
cers shall be in writing; no oral arguments 
to be allowed. 

7. The returning officers, if they think it 
advisable, may go into secret session to 
consider any motion, argument or propo¬ 
sition which may be presented to them. 
Any member shall have the right to call for 
secret session for the above purpose. 











Third Day^s Session. 


3 


8. When any candidate or hie attorney, 
or other person authorized to do so, shall 
present witness before the returning offi¬ 
cers, he shall present interrogatories to be 
propounded to such witness, which he shall 
have previously submitted to his opponent, 
to be crossed at least twenty-four hours, 
unless such time be named or the cross-in¬ 
terrogatories put before the expiration of 
that time. In the examination of wit¬ 
nesses the returning officers may inter¬ 
rogate witness beyond the interrogatories 
when they think it necessary, but neither 
the candidates nor their attoineys shall 
examine the witnesses before the returning 
officers except as above provided. 

9. No ex parte affidavits or statements 
shall be received in evidence except as a 
basis to show that such fraud, intimidation 
or other illegal practice had at some poll, 
requires investigation; but the returns and 
affidavits authorized by law, made by offi¬ 
cers of election or in verification of state¬ 
ments as required by law, shall be received 
•in evidence && prinia facie, 

10. That the evidence for each contested 
poll in any parish, when concluded, shall 
be laid aside until all the evidence is in 
from all the contested polls in the several 
parishes where there may be contests, and 
after the evidence is all in the returning 
officers will decide the several contests in 
secret session, the parties, or their attor¬ 
neys, to bo allowed to submit briefs or writ¬ 
ten arguments up to the time fixed for the 
returning officers going into secret session, 
after which no additional argument to be 
received unless by special consent. 

Judge Spofford offered the following 
amendment of rules, with the remarks ap. 
pended: 

On motion of Henry M. Spofford, of coun¬ 
sel for William A. Strong and others, can¬ 
didates on the Democratic-Conservative 
ticker, it is ordered that all the proceedings 
of this board henceforward be had in open 
session, with leave to interested candidates 
to be present, by themselves or counsel, 
and that a reasonable number of press re¬ 
porters for each political party be per¬ 
mitted to attend at all times. 

Judge Spofford then offered the following: 

Mr. President and Gentlemen—The 
grandeur of your responsibilities cau not 
be overrated. The eyes of more than forty 
millions are turned to you. Many of them 
think that the destiny of the republic for 
an indefinite future trembles in the balance 
you hold. The crisis is so grave as to make 
a proclamation from the President that 
“should there be any grounds of suspicion 
of fraudulent counting on either side it 
should be reported and denounced at once.” 
Entire publicity is tbe only antidote to the 
poison of “suspicion.” I can see no apology 
for secresy in any part of your future pro¬ 
ceedings The statute from which you 
derive your powers makes no pro¬ 
vision for private sessions. The habits 
and traditions of the American people 
are opposed to such sessions on such a sub¬ 
ject. With one voice they ask that no part 
of this thing be done in a corner. You, 


Mr. President, remarked the other day that 
your functions were partly ministerial and 
partly judicial. The ministerial duties are 
few and simple. They consist only in the 
addition and tabulation of votes. There is 
no call for privacy in applying the rules of 
arithmetic. In performing all the rest of 
your duties, the judicial duties, publicity is 
imperatively demanded. It is essential at 
every stage of the investigation, in order to 
insure a just judgment. 

I implore ^ou, then, to let the sunlight 
in; let it shine through all your doings. 
Adopt this order, so that every whisper in 
your chamber may be heard to the utter¬ 
most extremity of the Union. Thus, and 
thus only, in my humble judgment, will it 
be possible for you to reassure a perturbed 
and anxious country and to establish, 
through all generations, the righteousness 
of your interlocutory rulings and final 
award. 

President Wells—I would state that we 
have given to each party of invited guests 
places here with the reporters. They will 
remain with us during the whole of our ses¬ 
sion. They will see and examine for them¬ 
selves the opening of all papers, and we 
have laid our rules down ibr the purpese of 
facilitating our count or our action in the 
matter. We have but a short space of time 
allowed us—only up to the sixth of next 
month—and we apprehend if we were sur¬ 
rounded with a multitude of people we 
shall be disturbed, and our proceedings 
will be extended beyond that time. We 
therefore can not accept the gentleman’s 
amendment to our rules. 

In reply to the protest filed with us at our 
last session, we have examined it, and ar¬ 
rived at the following conclusions: 

To the first objection, that the act creat¬ 
ing the board has the effect of “creating a 
government not republican in form or char¬ 
acter,” seems to us to be a political ques¬ 
tion that can only be decided by the Con¬ 
gress of the United Stares. 

To the second objection, that this board 
is vested with judicial power, which is in 
violation of the constitution, this board is 
not a court, but a commission appointed by 
the Legislature with special and limited 
powers; it has no jurisdiction to decide oon- 
stitutioual questions, such as is presented 
in this protest. If this board be an uncon¬ 
stitutional body, the courts having juris¬ 
diction to pass on this question are open to 
any pf rson having the right to contest it. 

To the third obj^^ction, - bat this board is 
not legally eonsiituted: The act creating 
this board provides for the original organ¬ 
ization, and it was originally organized as 
the law directed; all political parties at that 
time organized or recognized were I’epre- 
sented on the board; at that time there was 
no party known as the D mocratic-Conser¬ 
vative party; there was no provision in the 
law for a reorganization of the board; so it 
could no have been contemplated that the 
board should be changed to suit shifting 
political organizations that might subse¬ 
quently be made. 

To the fourth objection, that this board 
should not canvass or count the votes for 
Presidential electors, as there is no law 





4 


Proceedings of the Eeturning Board. 


giving this board jurisdiction. The law 
creating this board says: 

“Sec. 2. That this board shall be the re¬ 
turning officers for all elections held in the 
State.” 

This seems to us to cover that for the 
Presidential electors so clearly that there 
is no room for doubt; the objection as to 
whether the “electors” are State or Federal 
officers, is not material. 

To the fifth objection, that this board 
can not canvass or count the votes oast for 
Brewster or Levisee as candidate for 
Presidential electors, for the reason that on 
the day of the election they were holders of 
offices of trust or profit of the United States, 
^ and were consequently ineligible to the po¬ 
sition of electors. This point will be re¬ 
served until the evidence shall be produced, 
merely suggesting that we have doubts as 
to whether this board can question the eli¬ 
gibility of candidates, our powers being 
confined to the canvass or compilation of 
the votes. 

Colonel Zacharie—Will you permit me to 
file an additional protest in the case of 
members of Congress, whose protest was 
unintentionally omitted the other day; it 
covers the same ground? 

President Wells—There is no objection to 
it. 

To the Members of the Returning Board of the 
State of Louisiana: 

Genilemen —The undersigned, as coun¬ 
sel lor R. L Gtbson, E. John Ellis, John 
H Ackiin, J. B Elam, W. W. Farmer and 
E. W. Robertson, Democratic congressional 
candidates for Congress, Fortj-fifth Con¬ 
gress, rtspectlully appear to reiterate, ob¬ 
ject, protest and except to the further pro¬ 
ceedings of this board, for the reasons and 
grounds already stated in protests filed for 
candidates for State offices, heretofore 
placed oefore this board, and to adopt as 
their own, the said protest, in behalf of said 
candidates for Congress, all of which is 
respectfully submitted. 

F. C. ZACHARIE, 

E. A BURKE, 

CHARLES UAVANAC, 

F. M. McGLOlN, 

J. R. ALCEE GAUTHREAUX, 

H. C. BROWN, 

Of Counsel. • 

Judge Spofiford—Will you allow me to in¬ 
quire if the board has been filled or is full? 

President Wells—The board has not been 
filled. 

Colonel Zacharie—Before proceeding 
further, perhaps, I should say that we de¬ 
sire— 

President Wells—Let us have no discus¬ 
sion. 

Colonel Zacharie—I desire no discussion; 
I give notice of a desire to file a protest to 
your ruling. 

President Wells—When you get that 
ruling, bring it forward. 

Colonel Zacharie—A protest against the 
adoption of the rules which have been read; 
will you see that we are supplied with a 
copy of them? 

Pres^ent Wells—You shall be supplied. 

President Wells—The name of Mr. Hu. 


Kennedy has been submitted to the board 
to fill one of the vacancies in the board; 
now we know of but one vacancy, this im¬ 
plies there must be more, and we would be 
glad to have some information in regard to 
the question whether the gentlemen con¬ 
template insisting upon another appoint¬ 
ment after the appointment to fill this va¬ 
cancy. 

General Anderson—I call for the produc¬ 
tion of the letter of Louis Bush, vice pres¬ 
ident and chairman of the Democratic Ex¬ 
ecutive Committee, in which the question 
was raised. 

[The letter was read.] 

President Wells—We have taken no ac¬ 
tion upon it as yet; it will go over subject to 
call. 

Mr. Kenner—I move that it lie over. 

Seconded by General Anderson. Carried. 

President Wells—If there is nothing fur¬ 
ther we will proceed to take up some of the 
parishes. 

Colonel Zacharie—I would like to make a 
protest on the ground that the board is in¬ 
competent to sit until the vacancy has been 
filled. 

President Wells—Write out your pro- 
tef-t. 

Colonel Zacharie-r-I simply ask now that 
I may reserve the point. 

President Wells—I say that the board 
will proceed to business. It will not be fet¬ 
tered in its transactions by counsel. If you 
have any motions or any protests, write 
them out and bring them forward. 

Colonel Zacharie—Will the board delay 
proceedings until I can put in the protest? 

President Wells—We can not delay. 

Colonel Zacharie—I wish to say that I 
consider the board incompetent. 

President Wells—That is sufficient. We 
will take notice of it. 

Mr. Kenner—I move that we take up the 
canvass of the returns according to rule 
four. . 

Colonel Zacharie—I have a protest on an¬ 
other point. It 18 desired that counsel for 
the United States supervisors, with the su¬ 
pervisors, be allowed to be present, as the 
United States law so authorizes them. 

President Wells—Whenever it is neces¬ 
sary to have them present we will call for 
them. 

Colonel Zacharie—1 have an opinion of 
Mr. Beckwith on that subject and will file it 
with the board. 

President. Wells—Pile it with tne board. 

Colonel Zacharie—I understand that the 
board refuses to admit them. 

President Wells—You understand me to 
say so. You understand me to say that when¬ 
ever the supervisor of any poll ng place or 
parish is required before the board that su¬ 
pervisor will be brought forward; or the 
supervisor asks me. 

Colonel Zacharie—I am counsel for some 
of them, and make mv request as such. 

President Wells—What parish ? 

Colonel Zacharie—Orleans. 

President Wells—That parish is not under 
consideration. 

Colonel Zacharie—Whenever the parish 
is called will the privilege of appearing be¬ 
fore the board be allowed me ? 




Third Day's Session. 


5 


President Wells—If there is any contest 
in the parish the counsel for the parries in 
interest -will be sent for. Of course', if 
there is any contest in any of the parishes 
that is to be decided. 

Frank McGloin—I think the citizens of 
Louisiana, interested in this matter, ouarht 
to have some privileges equal to those of 
the gentlemen who have come here. I 
think some of us ought to be present as 
well as they. Our interest is more close 
and nearer. 

President Wells—We have established a 
rule and we must observe it. Whenever 
there is a dispute involving any count in 
doubt, or any charges of informality, or 
any illegal proceedings had at the ballot¬ 
ing, the gentlemen will be heard. I have 
stated to counsel that they shall have all 
necessary information, and we will try and 
secure them a room in the building for the 
purpose of facilitating the placing before 
them such information as is necessary to 
bring them before us. 

Mr. McGloin—Will the board under 
other circumsranoes permit us to come in? 

President Wells—No, sir. The board will 
go into expcutive session. 

Mr. McGloin—Are we to see the returns 
of the parishes of Assumption and Ascen¬ 
sion? I understood we were to see them. 
After we have looked at them we will retire 
until we are sent for. 

President Wells—Do you attempt to 
make a contest now? There is a proper 
limit of time specified by law for contest 
ing, and we believe that that time has ex¬ 
pired. If there is no contest we shall go on 
to count; if there is a contest, we will then 
apprize you of it. We can not tell whether 
there is a contest until we examine the 
returns. 

Mr. McGloin—It may be that the return 
is not genuine, and for that reason I believe 
that you will recognize that we ought to 
look before the canvass is made. 

President Wells—Whenever we doubt 
the genuineness of a return you shall see it. 

Mr. McGloin—You may not know it is 
not genuine. Our oommitfee has taken the 
trouble to get duplicates of all the papers 
filed here, as they came from the boxes, and 
we have had duplicates of them so far as 
they affect our interests in the Senate. If 
we compare these papers with the certified 
copies we might detect things that would 
establish them. 

General Anderson—Then you would be 
returning oflioers as well we are. You filed 
your returns and we have ours. We have 
ours under seal, and if they look as though 
they bad been tampered with in any way 
we will inform you of it; but when they 
come here as official documents, auihor 
ized to be taken charge of by the proper 
officers, we take them as oflioial documents. 
They are delivered and kept filed in the 
proper offices. 

Mr. McGloin—The thing may be tam¬ 
pered with, and even an expert can not tell 
you what has been tampered with. 

General Anderson—How do you know 
that the board has not been tampered with? 

Mr. McGloin—We will introduce evidence 
to that effect. 


General Anderson—Well, when the con¬ 
test. arises we will hear your evidence. 

Mr. McGlom—I submit that we are estop¬ 
ped by the action of any of the supervisors 
oetween the time they have deposited the 
papers and the bringing of them here, and 
the will of the people will be defeated by 
anything they may do. It will not take 
more than fifteen minutes to make an ex¬ 
amination. 

General Anderson—We are authorized by 
law to do that, and when you submit your 
evidence the contest will be taken under 
consideration by the board, and it will give 
its opinion. 

Colonel Zacharie—We desire to make our 
ob]motions to the count of some of the 
parishes. 

General Anderson—We don’t want you 
to make objections where there are none. 
The presumption is that the papers are cor¬ 
rect, if in proper form and under proper 
signatures. 

Colonel Zacharie—We would like the 
opportunity to examine the papers. We 
desire to challenge the returns and offer 
testimony to show that they ought not to 
be considered by the bOfird. 

President Wells—I have this to say—it is 
only a repetition of what we have "said— 
that you shall be apprised of anything that 
is even suspicious; but we will not consent 
to be hampered by attorneys. We must go 
on with oar duties, and we can not consent 
that you shall come in and make a protest 
where there is none and we might suspect 
it was for delay. We want to get through 
lust as quick as we can, with as little diffi¬ 
culty and trouble as possible. Therefore 
we must adhere to the ruling that we go 
into executive session and examine the 
papers, and the gentlemen from other 
States and their visitors will remain, and 
they will be invited to see us open the re¬ 
turns. If there is no dispute in the returns, 
then we take it that the thing is regular. 

Judge Spofford—The history of this State 
is that the returns have been tampered with 
before, and these g>-ntlemen, who know 
nothing of us, will be incompetent to de¬ 
tect anything of that kind. These other 
gentlemen, who have been perfectly ta- 
miliar with every paii h, interested counsel 
lor candidates, it does seem to me, that 
they should be present to see papers and 
make their objections in time. 

President Wells—You shall see the papers. 

Judge Spofford—But we m ty be met with 
the sr.atement that it is too late. 

J R. Aicee Gauthreaux—Will the result 
bo announced when the counting is con¬ 
cluded by parishes and wards? 

President Wells—Not until the board 
makes up its finding. 

Mr, Gauthreaux—Our purpose in making 
this request is to give us an opportunity of 
objecting at the proper time. If, after the 
board has made its finding, we detect that 
something wrong has been done, all doors 
are closed to us, because, under the law 
which the gentleman quotes, the action of 
this board is final. No court can review it. 

President Wells—I told Colonel Zacharie, 
I think, on Saturday, that there was no law¬ 
yer in court, and hence no snap judgment 







6 


Proceedings of the Returning Board. 


would be taKen. You shall know everything 
that is done. 

Mr. McGloin—I suppose when you get 
through, and before you come to your final 
conclusion, you will allow us to look at the 
papers, and if we detect any such error 
or rase dity as there might be, that then 
you will allow us to offet our evidence, and 
if our claim is well sustained, you will re¬ 
view your action in such parish as irregu¬ 
larity is shown? 

President Wells—Whenever there is a 
contest, I must adhere to what I have said. 
Before we submit our finding you shall see 
them. 

The president then announced that the 
board would go into executive session, and 
counsel were expected to retire. 

Mr. MoGlom asked if he understood that 
the counsel for candidates were ordered to 
retire 

President Wells—If that means order to 
retire you can put your own construction on 
it, sir. 

Judge Spofford, not hearing the request 
for retirement, asked that it be repeated. 
Hrt then said: “I can not remain as coun¬ 
sel for my clients, candidates?” 

President Wells—You must be governed 
by the rule. 

Judge Spofford—And that excludes me? 

President Wells—If you consider it ex 
elusion, yes. 

Judge Spofford—I will leave my protest 
in writing 

President Wells—Send it in. 

Judge Spofford—Will there be a door¬ 
keeper by whom I can send it in? 

President Wells—Yes, sir. 

EXECUTIVE SESSION. 

General Anderson made the announce¬ 
ment that such gentlemen as were present 
from both parties, not citizens of the State, 
were invited to remain. Thereupon the 
doors were closed, and none but the 
Returning Board, invited guests, steno¬ 
graphers and officers of the board were 
permitted to remain. 

Senator Sherman stated that there were 
five gentlemen on their committee, all of 
whom were present, and one reporter. They 
did not ask that the privilege be extended 
to others. 

The returns of the parish of Ascension 
having been brought in. President Wells in¬ 
vited Governor Palmer to take a seat at the 
table with the board and see them open the 
returns. 

Governor Palmer—I don’t know any¬ 
thing about them. 

President Wells—Anything in the way of 
information we will give you with pleasure. 

Mr. Stoughton, on the part of the Repub¬ 
licans, was also asked to witness the open¬ 
ing of the papers. 

President Wells then explained that the 
supervisor of the election puts his name and 
the name of the pariah on the papers and 
semis them to the Returning Board either 
by mail or brings them himself. The board 
keep a book showing how they were re¬ 
ceived. The returns of the Ascension pre¬ 
cinct were received from the returning 
officer himself. 


Having concluded his explanation Presi¬ 
dent Wells directed General Anderson to 
open the returns from Ascension parish. 

General Anderson—Is there any protest 
againt the parish of Ascension? 

The clerk—No, sir. 

Mr. Trumbull—Is there no date on the 
package? Does not the register date when 
the supervisor received it? 

President Wells—That is done in the par¬ 
ish, where they get a certificate of the offi¬ 
cers. We keep a minute of everything. 

The polls of the twelve precincts in the 
parish of Ascension were then examined 
and found to be regular in form. Accom¬ 
panying the returns was the consolidated 
statement of the votes of the entire parish, 
to which was attached the certificate of the 
supervisor, Louis Lafert, that the returns 
were correct, sworn to before H. O Maher, 
parish judge, on the fourteenth of Novem¬ 
ber, 1876, and certified to by the clerk. 

Mr. Kenner called upon the clerk of the 
board to produce from the Secretary of 
State the record as to who was the super¬ 
visor of Ascension parish. ■ This was done, 
and it was found that the names on the 
record and the returns corresponded. 

Governor Palmer asked to be allowed to 
inspect the returns of the parish under can¬ 
vass. The right was freely accorded, and 
alter having apparently satisfied himself he 
returned them to the board, and the board 
began the count, Mr. Kenner reading the 
votes for the different candidates in the dif¬ 
ferent precincts, and General Anderson 
comparing them with the consolidated state¬ 
ment above referred to. The result was as 
follows: 


Kellogg. 

.2071 

McEnery. 


Buicli. 


w ickliffe.. 


Jom pli. 


St. Ma tin. 

. 1198 

Slieldon........ 

. 2074 

Poclie. 

. 1200 

Marks. 

. 2069 

DeBlanc. 

.1198 

L viioe. 


Seay. 

.1197 

Br^ water. 

. 2073 

Cobb. 

. 1197 

JoU'roiu. 


Cross. 



It appearing that there was a duplicate 
copy of returns from the twelfth precinct 
of the parish under consideration, on the re¬ 
quest of Governor Palmer lor an explana¬ 
tion, General Anderson sta ed that it some¬ 
times happened that the original return 
was sent to the clerk’s office aud the dupli¬ 
cate to the board. 

In answer to General Garfield, General 
Anderson stated that the highest Republi¬ 
can elector in the parish of Asoeuaion re¬ 
ceived 2074 votes; the highest Demi»oratio 
elector 1200 votes. Also, that the lowest 
R^publicao elecror received 2069 votes, and 
the lowest Democratic elector received 
1197. 

General Anderson also stated that when 
the returns were made under the seal of the 
court, and certified by the clerk of the 
court, the presumption was that they were 
correct, and as they verified the returns, 
and used proper care, the opportunity for 
fraudulent substitution was almost impos¬ 
sible. Ic was very easy to detect anything 
of the kind, because the people of the dif¬ 
ferent parishes knew the results of their 
own parishes. 

Governor Palmer, at this point, took the 
occasion to say that he deemed it his duty 






















Third Day's Session. 


7 


to state that the count of the parish lust de¬ 
clared oontormed in every particular to the 
returns held by his party. 

President Wells called for the count of 
the returns from the parish of Assumption. 
The returns were accompanied by the cer¬ 
tificate of the supervisor, sworn to on the 
sevente mth of November. 

The poll of Assumption parish was com¬ 
pared with the consolidated statement of 
that parish, and found to be correct. It 
was declared by General Anderson, as fol: 
lows: 


Kellogg. 


McEnerv. 

.1687 

Buich...... 


Wickhffe. 


Joseph.. 


Sr. Martin. 


Sheldon. 


Poebe. 


Marks. 


DeB auc. 

.1680 

Lev See.. 


Sea,. 

.1686 

Biewsier. 


(Jnbb. 


Joliroiu. 

. 1691 

Cross. 



Mr. Smith, of Wisconsin, stated that the 
Democrats had in their possession a D mo- 
oratic count, and it tallied exactly with the 
poll just counted by the board. 

G (Vernor Palmer desired to know how 
the board knew there was no contest with* 
out making an examination of the papers. 
Was it because it did not say so on the out¬ 
side of the wrapper ? 


The assistant secretary of the board, Mr. 
Green, explained that the board of super¬ 
visors noted under the head of “remarks” 
in the consolidated statement, if there were 
any irregularities or anything of that kind. 
That was the place where it appeared. 

It appeared that the tally sheet of the 
parish was not in the se'aled package of re¬ 
turns. It was announced, however, on the 
conclusion of the poll, that it was in the box. 

The president then demanded to know 
whether there was a protest against the re¬ 
turns for Avoyelles parish. None was pre¬ 
sented, and the poll of the parish then pro¬ 
ceeded, as follows: 


Kellogg. 


McEnery .... 


Buicu. 


Wicbliffe .... 


Joseph. 


St Martin... 


Sbeldon. 


Peche. 

.1471 

Marks. 


DeBlaiiC. 


Ltvisee. 


Seay. 


Brewster. 


Cobb. 


Joffroin. 


Cross . 

.1470 

Governor 

Palmer 

announced 

that the 


poll, as given above, differed from the poll 
in the possession of the Democrats in the 
case of DeBlanc, the latter giving him but 
1469 instead of 1471, as in the above return. 

Adjourned until eleven o’clock Tuesday. 


FOURTH DAY’S SESSION. 


Tuesday, November 

President Wells called the board to order 
at 11:30 A. M. There were present of the 
board Messrs. Wells, Anderson, Casanave 
and Kenner. 

The minutes of the preceding meeting, 
excepting the report on rules and the pro¬ 
tests, were read and approved. 

There were present on the part of the 
Republican delegation Messrs. Stoughton, 
Hale, Parker, Van Alen and Beardsley; on 
the part of the Democratic delegation the 
same gentlemen were present as on the pre¬ 
vious day, including also the Hon. George 
W. Julian. 

Mr. Kenner moved that the board go into 
executive session. 

General Anderson stated that there were 
no petitions or motions to come before the 
board. 

President Wells stated that the board 
would wait a few minutes, and that if ihere 
was nothing presented to the board they 
would then go into executive session. 

Colonel Zacharie asked permission to file 
two protests. 

President Wells stated that the protests 
would be taken under consideration, and 
then announced that the board would go 
into executive session, and take up the 
parishes. 

The following papers were handed in by 
Mr. Zacharie: 

To the President and Members of the Returning 
Board of the State of Louisiana: 

Gentlemen —The undersigned, of coun 
selfor Democratic Conservative candidates, 
hereby formally object, protest and except 


to the rulings made this day, November 20, 
1876, on the following points, and for the 
reasons hereinafter specified: 

1. They object, except and protest to the 
ruling of the board by which they are ex¬ 
cluded from attending the sessions of the 
board on the opening of the returns, and 
prevented from examining the returns in 
order to ascertain by comparison with the 
official duplicates in their possession if such 
returns are the originals returned by the 
officers of election, or ^whether the same 
have been altered or fraudulently changed 
in any respect; that by said ruling the can¬ 
didates, represented by counsel, are pre¬ 
vented from challenging or obj-‘cting to 
any returns which may be fraudulent, in 
their character, vitiatiug them as < fficial 
returns, all of which ruling and its effects 
are contrary to law and in direct opposi¬ 
tion to the rulings and practice of the 
present board in 1874 

2. They especially object protest and ex¬ 
cept to the ruling of the board by which the 
said board is proceeding to count and com¬ 
pile the returns when the board is incom¬ 
plete, having a vacancy,because section two, 
act No 98,1872, under which the said board 
is organized and now assuming to act 
provides that: “In case of any vacancy by 
death, resignation or otherwise by either of 
the board, then the vacancy shall he filled 
by the residue of the hoard of returning 
officer;” thus making it mandatory upon said 
board to fill all vacancies which may from 
time to time occur, wherefore they object 
protest, and except that said action in not 
filling said vacancy and proceeding without 
so doing is illegal, informal and the proceed- 









































8 


Proceedings of the Beturning Board. 


ings of said board null and of no effect until 
said furmalib.v is complied with. 

3 That they further protest, except and 
object to the rules this day adopted by said 
bocird, because said rules coufliot with the 
interpretation and practice of said board in 
similar cases during its session of 1874, and 
counsel further e8|)ecialiy object, protest 
and except to rule seven, this day adopted, 
whereby secret sessions may at any time be 
ordered, as contrary to and not provided 
for by law, and contrary to the construction 
and practice of said board during.its ses¬ 
sions in 1874 

F. C ZACHARIE, 

E. A BURKE, 

CHARLES CAVANAC, 

F. McGLOIN, 

J. R ALCEE GAUIHREAUX, 
H. C. BROWN, 

Of Counsel. 

To the President and Memhers of the Returning 
Board of the State of Louisiana: 

Gentlemen— The undersigned, counsel 
for Demociatic United States supervisors 
of eleoiion, duly appointed and qualitied^ 
as such, do hereby, except, protest and ex¬ 
cept to any ruling made this twentieth day 
of November, 1876, or that hereafter may 
be made, whereby they are deprived or 
may be deprived of the right ot being 
present during the entire canvass and cora- 
pilaiiun of the results of the election lately 
held in the State of Louisiana, wherein 
Electors for President and Vice President 
and members of the Iforty-fiftli Congress 
were balloted for, and the results of which 
said board is now canvassing. 

That under the filth secfion of the 
United S ates act of February 28,1871, they 
are “to be and remain where the ballot 
boxes are kept at all times ‘•after the polls 
are open until each and every vote oast at 
said time and place shall be counted, and 
the canvass of all votes polled be wholly 
completed and the proper and requisite cer- 
titicate or return made whether said cer¬ 
tificate or return be required under any 
law of the United States or any State, ter¬ 
ritorial or municipal law,” 

That under said law United States Dis¬ 
trict Attorney J R Beckwith, under date 
of October 30, 1872, gave his written oflioial 
opinion for the instruction and guidance of 
persons holding the offices now held by 
protestants wherein said United States dis¬ 
trict attorney said, “It can not be doubted 
that the duty ot the supervisors extends to 
the inspection ot the entire election, from its 
commencement until the decision ot its re¬ 
sults. If the United Stales Statutes were 
less explicit there still could be no doubt of 
the duty and authority of the supervisor to 
inspect and canvass every vote cast for 
each and every candidate. State, parochial 
and Federal, as the law of the State neither 
provides nor allows any separation of the 
election for representatives in Congress, 
etc., Irom the election of State and parochial 
officers. The election is in law a single 
election, and the power of inspection vested 
by law in the supervisors appointed by the 
court extends to the eniire election, a full 
knowledge of which may become neces¬ 
sary to defeat fraud.” In which opinion 


the Attorney General of the State of Louis¬ 
iana coincided. 

Wherefore, protestants claim admittance 
to all sessions of the Returning Board, and 
protest against their exclusion as unwar¬ 
ranted by law, as informed by their attor¬ 
neys has been done and is contemplated to 
be done hereafter in said proceedings of 
said board. 

F. C. Z4CHARIE, 

E. A BURKE, 

CHARLES CAVANAC, 

F. McGLOIN, 

J. R ALCEE GAUTHREAUX, 

H. C. BROWN, 

Of Counsel. 

The sergeant-at-arms was then ordered to 
clear the room of all except the invited 
guests and their reporters, and the business 
of executive session was proceeded with. 

President Welle informed Judge Trum¬ 
bull that he had the right to invite any of 
hie friends who were present from other 
cities to remain in the room, and the same 
courtesy would be extended to the gentle¬ 
men on the other side. 

Judge Trumbull—I am not aware there 
are any. 

President Wells—Mr. Stoughton, if you 
have any friends, invite them to remain. 

Mr. Stoughton — We are very much 
obliged to the board, but we have no gen¬ 
tlemen here. 

' Judge Trumbull—I believe there is no¬ 
body here except Mr. Julian. He is not on 
the ctimmittee. 

President Wells then asked what parish 
should betaken up. 

Judge rrumbuil—I desire to ask for in¬ 
formation. How near are all the parishes 
in? 

The clerk—There are eight yet to be 
heard from. 

General Anderson—The north Red river 
country is not in yet. Let us take up Cata¬ 
houla. Is there any contest in that parish? 

The clerk—No, sir. 

President Wells—Bring it in. In Clai¬ 
borne, I understand, there* is a contest. 

Judge Palmer—How do you determine 
whether there is a contest or not in a par¬ 
ish? 

President Wells—It is filed and sent with 
the returns in some instances. They come 
in two packages sometimes. , 

Governor Palmer—Can you tell in every 
instance? 

President Wells—Not unless the returns 
are accompanied by a protest. 

Governor Palmer—You have not yet 
reached any parish where there is a contest. 

President Wells—We are passing them 
over, as, for instance. East Baton Rouge. 

Mr. Van Alen—How many parishes are 
there which have not come in? How many 
are there altogether? 

General Anderson—There are eight par¬ 
ishes which have not got in. There are fifty- 
six altogether. 

Mr. Van Alen—Have you any way of 
knowing when the returns will come in? 

President Wells—No, sir; none. 

General Anderson—Communication with 
the eight parishes that have not been heard 
from is by steamboat and by mail. Some 






Fourth Day^s Session, 


9 


go through from Shreveport to Q-alveston, 
and from Galveston here. 

Mr. Van Alen—Have you copies of the 
returns of these parishes? 

General Anderson—No, sir; but we can 
go over the parishes that are in. 

General Anderson here read a letter ac¬ 
company in g a protest sent in by Messrs. 
Kenuard, Howe & Prentiss. 

Mr. Hale—What parish is that from? 
General Anderson—They sent the letter 
in yesterday. I received it and filed it 
with the clerk. 

Governor Palmer—Is this letter from a 
firm here in this city? 

General Anderson—Yes, sir. 

Mr. Smith—When a protest is on the part 
of a State officer, do you lay it over, or can¬ 
vass for the presidential electors? 

President Wells—Where there are frauds 
or irregularities we shall delay counting 
that vote in regard to the presidential elec¬ 
tors; if there are no irregularities in the 
vote we shall proceed. 

Mr. Smith—I see one gentleman here is a 
candidate for justice of the peace, and an¬ 
other for constable. They desire to be 
heard. I suppose they are only concerned 
in their own offices? 

General Anderson—That is all. 

Mr Smith—Will you then withhold the 
canvass for the presidential electors? 
President W^lls—No sir, I can not. 

Mr. Smith—It no protest is sent with the 
papers and no other evidence is offered of 
fraud except by letters, I desire to ask 
whether you will proceed to canvass lor 
the electors and leave the canvass in regard 
to the State officers until the parties can 
be heard from? 

President Wells—Generally the question 
comes up as to the legality of the votes. If 
that is the case, and it affects the electoral. 
ticket. It must lay over. 

Mr. Smith—Even though no specific ob¬ 
jection is made? 

President Wells—Yes, sir. 

General Auderson—I now give notice 
that when the parishes composing my dis¬ 
trict are called up, I do not desire to be 
present, I will withdraw. I am ready to 
admit that my competitor has been elected. 

President Wells—In case you withdraw 
you might go over the count. 

President Wells here made the announce¬ 
ment that the electors of the districts in 
which there was a dispute must be ex¬ 
cluded, but the electors at large could, at 
any time, be present when there was a dis¬ 
pute arising in any of the parishes. 

Major Beardsley—I understand you, Mr. 
Chairman, that whenever there is a contest 
in relation to the electors that those at 
large, whether the contest is in any parish 
or in any district, may be present? 

President Wells—Yes, sir. 

Major Beardsley—But that where it is 
local there can only be present those who 
are electors of districts where there is a 
contest? 

President Wells—Yes. sir. 

President Wells—I call for the parish of 
Catahoula. 

Judge Trumbull—The returns of this par- 

2 


ish don’t seem to have the supervisor’s in¬ 
dorsement on them. 

General Anderson—This says returns of 
the parish of Catahoula, Charles P. Bell, 
chief clerk, consolidated returns, statement 
of votes. 

President Wells—It contains a statement 
of the votes, does it not? 

General Auderson—Yes, sir, but it is not 
signed by the supervisor outside at all. 

President Wells—You had better open it 
and see whether it is not inside. 

Judge Turmbull—On the outside there 
would be nothing to show that it had not 
been opened? 

General Anderson—Nothing, except the 
seal. 

J udge Trumbull—Anybody can put that 
on. 

General Anderson—But we can see in¬ 
side, and see what it is. Let us look at ('on- 
cordia parish; that is signed W. H. Nutt, 
supervisor. 

President Wells—Who is the supervisor 
of Catahoula? 

Judge Trumbull—Ought that not to have 
been receipted for? 

President Wells—Bring us the receipt 
book to see on what day it was received, 
whether by mail or otherwise. 

The Assistant Secretary—This package 
was received November 17. 

President Wells—By whom does it say it 
was received ? 

The Assistant Secretary—It says “received 
from the State Rr-gistrar November 16; elec¬ 
tion returns of Catahoula parish.” 

Judge Trumbull—Received from the 
State Registrai? Is he the proper person to 
have custody of it? 

General Anderson—The law says “return 
to the State R^-gistrar or to the board.” I 
suppose the State Registrar sent it here. 

Mr. Kenner—Very often the Registrar 
gets them and sends them to the board. 

General Anderson—We may as well open 
the package and see what it is. 

The returns from the parish of Catahoula 
were then opened. They were signed by 
C. C Blackman, supervisor of registration 
of the parish, and sworn to and subscribed 
on the eleventh of November, 1876. 

President Wells—Has it the seal of the 
clerk of the court? 

General Anderson—I don’t see the im¬ 
pression at all, but the signature is that of 
the clerk of the Twelfth District Court; I 
know that. 

Judge Trumbull—That don’t seem to be 
done like those of yesterday. 

General Auderson—They generally fold 
them up. 

Judge Trumbull—The practice is not uni¬ 
form as to the manner of doing up the re¬ 
turns? 

General Anderson—No, sir; it depends 
upon those who take charge of them and 
nuake them up. 

Judge Trumbull—How many polling 
places are there in that district, do you 
know except by this return? 

General Anderson-We only know by the 
returns and tally sheets. By examination 
there are fifteen here. 

Judge Trumbull—1 ask for information 






10 


Proceedings of the Beturning Board. 


simply. Suppose the supervisor left out a 
poll, how would you know the true num¬ 
ber? 

General Anderson—We would not know 
it at all, unless there was a report from the 
vpariah. 

President Wells—The local candidates 
attend to that. 

Judge Trumbull—I was merely inquiring 
for information as to the check against such 
a proceeding. 

President Wells—That is the check. 

Protests were entered against the count 
of Catahoula parish by W. F. Miller and 
Edward B. Span. 

General Anderson—It appears that J. 
Floyd King received fifty-seven votes for 
presidential elector in the fifth district, 
and there is no such candidate as J. Fiojd 
King. 

Judge Trumbull—Is there any such dif¬ 
ference in the votes that you can account 
for these fifty-seven ballots cast for him? 

General Anderson—J. Floyd King re¬ 
ceives 57 votes for presidential elector in 
the fifth district; McEnery 62, Wiokliflfe 
62. St. Martin 88, and all the others 88. 

Judge Trumbull—That would not ac¬ 
count tor the fifty-seven votes. 

President Wells—To simplify the ques¬ 
tion, I will state they make a list of the 
votes. For instance, you see there are 600 
votes, and you must see what disposition 
has been made of those 600 votes. So the 
supervisor goes over the whole thing and 
tells how these 600 votes have been dis¬ 
tributed through the poll. 

Judge Trumbull—It don’t appear what 
the votes are for. Why should they be 
counted for presidential electore? 

General Anderson—It is stated that the 
election is for presidential electors, and 
he is not a regular candidate, and the 
supervisor simply puts him down on the 
tally sheet ana certifies to the votes and 
where he got them. 

Mr. Kenner—Then his name was not writ¬ 
ten on the ticket that was cast? 

General Anderson—It is on the sheet 
here. 

Judge Trumbull—That won’t do, because 
here are lots of men on the sheet who are 
not presidential electors. 

President Wells—The count of this par¬ 
ish goes over; it is contested. We can 
examine it now, and when it comes up we 
will be prepared to show how it is. 

Some further examination was made of 
the returns from this parish, when it was 
passed over to be canvassed when the 
board gets through with the uncontested 
returns. It appears that the highest Demo¬ 
cratic vote in the parish was 933, and the 
highest Republican 823. The lowest Re¬ 
publican was 817, and the lowest Democrat 
872. 

Judge Trumbull—When you take up that 
parish and pass upon it you will find that 
one man says one thing, and another an¬ 
other. All that comes before you, does it 
not? 

President Wells—Yes, sir; and if there is 
nothing to change the report of the super¬ 
visor we pass upon it as correct. 

Judge Trumbull—I notice the statements 


of the officers do not agree. You observe 
that? 

President Wells—Yes, sir. 

Judge Trumbull—I do not know what 
you do with these cases. 

President Wells—We pass upon them. 

The board then took up the pariah of 
Concordia, and it appearing that there was 
a contest in that parish, also, it was 
passed over under rule four. 

Governor Palmer—Do 1 understand that 
Claiborne and Caldwell are not in? 

General Anderson—No, sir; I believe they 
are not. 

President Wells—We know the condition 
of Grant parish. The supervisor was run 
off before the election was had. Here is 
Iberville. 

The secretary—There is a contest there. 

General Anderson—We would better take 
up Calcasieu and Cameron parishes, and I 
will withdraw. 

President Wells—Bring Cameron parish 
up. General Anderson, you need not with¬ 
draw; you may remain in the room. 

Judge Trumbull—I would suggest to the 
board that the gentleman become an emi¬ 
nent citizen. 

The return of Calcasieu parish was then 
brought into the room and opened. 

Judge Trumbull desired to know how 
many polls there were in that parish. 

Mr. Casanave answered that there were 
seventeen. 

The returns were examined and pro¬ 
nounced to be correct. The following was 
the vote of the parish as called oft' by Mr. 
Kenner: 


Kellogg.84 

Burch.84 

Joseph . ..84 

Sbelhon.84 

Marks.84 

Levisee.84 

Br W'ter ..84 

Joffiion ...J . 84 


McEnery.1298 

Wicklifife.1288 

St. Mai tin.1294 

Poche.1294 

PeBianc.12a8 

Seay.1292 

Cob B.1292 

Gross.1316 


Cameron parish was next brought in and 
examined, and pronounced to be correct. 
The result was as follows: 


Kelloag.. 
Butch.... 
Joseph... 
Sheldon.. 
Marks..., 
Leviste.. 
B e water 
Joffnon.. 


52 McEnery.246 

,52 Wickl ff6.246 

.52 St. Maitin.246 

52 Poche.246 

,52 BeBlanc.246 

.52 Seay.246 

.52 Cobh.246 

.52 Oroes.246 


President Wells—Read the commission¬ 
er’s remarks, Mr Kenner. 

Mr. Kenner—There are none. Walsh is 
the supervisor, and the return is signed by 
him. 

President Wells—What is the vote on 
Governor. 

Mr. Kenner—The vote stands: Stephen 
B Packard 24 and S. B Packard 28; Nioh- 
olls gets 246; Antoine, for Lieutenant Gov¬ 
ernor, 50; Wtltz246. 

President Weils—There is no informality 
in the retnrns; send them to the clerk. 

Plaquemines parish was next called for, 
but, as there was stated to be a contest 
there, the canvass was not made. 

Pointe Couoee was brought in and 
opened. It appeared that Oscar Joffrion 
was signed to the return as a supervisor. 






































Fourth Day's Session. 


11 


Judge Trumbull—Is that the man who is 
an elector? 

President Wells—Yes, sir. It must be 
the same. It is the same name. 

General Anderson—It is the same name. 
I d.on’t know whether it is the same man or 
not. There are many persons of that name 
here. It is a very numerous family. 

Judge Trumbull—Where does he live? 

General Anderson—In Pointe Coupee. 

Judge Trumbull-rWhat is his statement? 

General Anderson—There are no remarks 
at all. He makes returns in duplicate. 

Mr. Smilh—There is no contest at all, is 
there? 

General Anderson—No contest at all. 

The vote of Pointe Coupee was then de¬ 
clared, as follows: 


Kellovrg. 


McEnPry. 


Burch. 

.1984 

Wi( kliffe. 


JoFeph. 


St. Mat-tin.. 


Sheldon. 


Poche. 


Marti. 


De Blanc.. 


Levisee. 


Seav. 


Brewster. 


(Johh.. 


Joffroia. 

.2003 

Cross. 



For Governor—Packard 1943, Nichoils 
1096. 

Governor Palmer—That corresponds with 
our returns. 

President Welle—I have received a letter 
from New York, in 'wnich you gentlemen 
are interested as well as myself. I think I 
would better have it read to the board. 
Mr Green, read that communication. 

Mr Green—It is a letter aadressed to 
Mr. Madison Wells, postmarked Hudson, 
New York, and is as follows; 

New Yoek, November 18, 1876 
Mr. Madison Weils: 

Although a stranger to you, and, God 
knows, I wish I mar always continue to be 
one, I wish to say a few words to you and 
give you a little advice. If by and through 
your means, and the Board of Returners, 
with which you are associated, Samuel J. 
Tilden should be cheated out of his legal 
election, “ot which here in the North there 
18 no earthly doubt,” I would not give the 
value of a glass of whisky for your life, for 
five of us have taken as solemn an oath as 
can be taken, and we have sworn to have 
your heart’s blood in case the farce of 
counting the votes are pursued in the man¬ 
ner we see by the paper, you and the rest 
ot your Radical nigger tools of a drunken 
loafer. Like Grants is here, sir. Look to 
your life, and for tear you may thinks this 
is a mere scare-crow letter we five are not 
afraid to subscribe our name, and defy you 
to do your best, and what is more, we are 
all American born. 

ELIHU GOODWIN. 

SAM HEATH. 

CHARLES HUNT. 

JAMES KEEFE. 

PHIL LISK. 

Governor Bigler—I hope it will be under¬ 
stood that every person condemns in un¬ 
measured terms that letter. 

Governor Palmer—If those are genuine 
names they are the names of covardly, 
lying blackguards, as cordially scorned in 
the North as here, and wherever there is an 
honorable man, North or South. 


General Anderson—We don’t regard these 
things at all. We received them two year’s 
ago every day, and they told us we would 
be hung to the lamp posts next morning. 

President Wells then called for the re¬ 
turns from St. Bernard, St. Helena and St. 
Charles, but it being ascertained that there 
was a contest in St. Helena, it was laid 
over. 

The returns from St. Bernard were then 
inspected and the following result declared: 


Kellogg.... "... 


McEnery. 


Burch. 


Wieklifte. 


Joseph.. 


St. Martin. 


Sheldou. 


Poche. 


Marks. 


DeSlanc. 


Levisee. 


Seay. 


Brewster. 


obb. 


Joffroin. 


Cross. 



For Governor—Packard, 691: Nichoils, 
335. 


General Anderson — There is nothing 
wrong in the returns. There are no pro¬ 
tests and thev are all in form. 

President Wells—Send them over to the 
clerk. 

The returns of St. James parish was next 
taken up and inspected, and the result de¬ 
clared as follows: 


Kellogg. 


McEnery. 


Butch. 


WicUliffe. 


Joseph. 


St Martin.. 


Sh.Tdon. 


Poche. 


Marks. 


PeBlanc. 


Levisee. 


Seav. 


Brewster. 


Cobb. 


Joffroin. 


Cross . 



For Governor—Packard, 1984; Nichoils, 
984. 


General Anderson—There is no objection 
to this return; it is all in form. 

President Wells—Send it over to the clerk. 

Judge Trumbull—There are no notes by 
the supervisor, are there? 

General Anderson—No, sir. 

The returns of the parish of St. Charles 
were then produced for canvass. 

General Andei son read the remarks of 
the supervisor—C. A Bossier—showing that 
the returns had been sworn to before 
J. B. Martin, deputy clerk for the parish of 
St. Charles, and that there were two polling 
places selected and a division made in the 
commissioners, instead of one polling place 
as selected by him, and that C. Wise de- 
'manded that the polls should be opened at 
half-past five, and proceeded to swear in 
commissioners at the polls not appointed 
by him and before the hour; that the law 
directed that he should consider the polling 
places selected by these gentlemen as im¬ 
proper and their acts illegal. The registrar 
also reported that there were eight more 
votes in the box in the seventh poll than on 
the list. 

General Anderson—This parish presents 
the question 'hat we will have to settle, 
and I suppose we will have to lay it over 
until we have got through with the uncon- 
tested parishes. 

The vote, however, was announced as 


follows: 
Kellogg. 

.1242 

McEnery. 


Bn rob. 

.1242 

Wickliffe. 


Joseph. 


St. Martin. 


Sheldon. 


Poche. 


Marks. 


DeBlanc. 


Levisee. 


Seay. 


Brewster. 


Cobb. 

.264 

Joffroin. 


Cross... 









































































12 


Proceedings of the Returning Board. 


General Anderson—Now in that parish 
there were sixteen naore ballots in the 
boxes than there were registered on the 
supervisor’s polling list, and there is a dif¬ 
ference of twenty-four votes in favor of the 
MoEoery ticket. 

Judge Trumbull—This question you re¬ 
serve, then? 

Presideno Wells—Yes, sir. Lay the re¬ 
turns aside. 

St. John the Baptist parish was next 
taken up, and the result declared, as fol¬ 
lows: 


Kellogg. 


McEnery. 


Burch. 


W ickliffA. 


Joi-enh..... 


St. iVlaitin. 


Sheldon. 

.1288 

Poebe . 


MarKS. 

.1286 

fte Blauc. 


Levisee. 


Seay. 


Brewster. 


Cobh. 


Jofforin. 


Gross. 



For Governor—Packard, 1287; Nicholls, 
757. 

Governor Palmer—We have 743 votes for 
Poche; your returns give him but 738. 


General Anderson—The additions in the 
returns are correct, giving him 738. 

Governor Palmer—I see a very striking 
discrepancy between our report and the re¬ 
port from St. Charles of tnirty-four. 

Mr. Smith—The return and the explana¬ 
tion are all there. 

President Wells—Are there any remarks 
on the paper. 

General Anderson—There are no remarks; 
everything is in form. 

President Wells—Send it over to the 
clerk. 

General Anderson—How many parishes 
have we gone over to-day? 

Mr. Kenner—We have got through with 
six—Calcasieu, Cameron, Pointe Coupee, 
St Bernard, St. James and St. John the 
Baptist. 

General Anderson—Gentlemen, are you 
satisfied with the work to-day? We have 
opened eleven parishes, but we have only 
gone over six. The balance are contested. 

The board adjourned to meet Wednesday 
at eleven o’clock. 


FIFTH DAY 

Wednesday, November 

The meeting of the Returning Board was 
called to order at 11:30 A. M. to-day, 
President Wells in the chair, and Messrs. 
Anderson, Kenner and Casanave present. 

The minutes of the previous meeting were 
read and approved. 

Messrs •'‘herman, Slaughton, Garfield, 
Kelly and Hale were the committee who 
represented the Republican delegation from 
the North. On the part of the Democratic 
delegation Messrs. Trumbull, Palmer, Smith, 
Bigler and Julian were present. 

Colonel Z^charie offered the following: 

On motion of P. C. Z^charie and E A. 
Burke, of counsel for the Democratic-Con¬ 
servative candidates, and on showing that 
under the eighth rule, adopted by the 
board on November 20,1876, it is required 
that witnesses, in oases of contest, shall be 
produced before the board to answer inter-* 
rogatories and cross-interrogatories, and on 
suggesting that in oases of returns already 
opened by the board, it is shown that re¬ 
mote parishes are in contest, and on sug¬ 
gesting that several days will be necessary 
to procure the attendance of witnesses in 
time, so as not to delay the proceedings of 
the board, it is ordered that the Secretary 
be directed to suppl.’^ movers with copies of 
all protests on file, without delay, and that 
movers be allowed to inspect affidavits ac¬ 
companying the same, under supervision of 
an officer ot the board, and that the secre¬ 
tary be instructed, on application ofi coun¬ 
sel on either side, to issue subpenas and 
subpenas decus teenm to such persons, 
witnesses, as counsel on either side may 
suggest, ordering their presence here. 

Colonel Zacharie said, in support of his 
motion: 

It is now the twenty-second of November, 
and I understant the board is desirous of 
terminating its session in time for the vote 


’S SESSION. 

to be cast upon the sixth of December. 
Some of the remote parishes, I understand, 
are in contest. 

President Wells—Have your witnesses 
brought. Name the witnesses that you 
wish. 

Colonel Zacharie—It is impossible until 
we are permitted to inspect the protests 
and the affidavits we have to meet. 

President Wells—You shall have the 
right to inspect them when the contest 
arises. We will give you time to get your 
witnesses, provided it does not extend be-, 
yond the time of casting the electoral vote. 

Colonel Zaohane—It is just exactly for 
that reason that we make the motion at 
this time. If you delay in counting the 
contested parishes, in the case of parishes 
that are remote from the city it will be im¬ 
possible for us to get witnesses. 

President Wells—I don’t know at what 
time we shall reach the parishes in which 
you appear. Do you propose to inspect the 
parishes not opened yet? 

Colonel Zacharie—No, sir. 

President Weils—Then we can not arrive 
at that until the pa ishes are opened, and 
we see the nature of the contest. 

Colonel Zacharie—You have ope ed, as I 
understand, already certain parishes in 
which protests appear; among them Bien¬ 
ville. 

President Welle—You shall have a copy 
of that, and be allowed to inspect the affi¬ 
davits when opened. 

Mr. Kenner—Bienville has not been 
opened. 

President Wells—Those parishes are not 
under consideration; hence it is not neces¬ 
sary to discuss the matter. The parishes 
we have had before us—those parishes 
the seals of which have been examined 
and found to be protested—they have 
been laid over and they will be last. 
























Fifth Day's Session. 


13 


You will have time to gpit your wit- 
neeses here, whatever the time required, 
provided it does not extend beyond, the time 
we are required to oast the vote. 

Colonel Zaobarie—I desire to file the 
morion in order that we may be in time. 

The following request from Judge Cul- 
lom was also filed: 

New Orleans, November 22, 1876. 

To t>ie President and Members of the Returning 
Board of the State of Louisiana: 

Gentlemen —Having been a candidate 
for the judgeship of the Fifth District Court 
of the pa’’»sh of Orleans, I respeottully sug¬ 
gest and request that in canvassing the re 
turns of the votes polled at the late election 
for the judgship of that court, you may 
include those cast in the sixth and seventh 
municipal districts of this parish, as they 
have been annexed to this parish by an act 
of the General Assembly. By constitu¬ 
tional provision the territorial jurisdiction 
of the Fifth District Court is oo-extensive 
with the geographical limits of the parish 
of Orleans. [See act No. 83 ] As by the 
same article the judges of the districts 
courts are elective by the voters of the ju¬ 
dicial districts over which they, the judges, 
exercise authority; I claim that if any votes 
were polled for me ae a candidate for the 
judgeship of said court in the wards known 
as the twelfth, thirteenth, fourteenth, six¬ 
teenth and seventeenth of this city, which 
are comprised in the sixth and seventh mu¬ 
nicipal districts of this city and parish of 
Orleans, they should be counted, if other¬ 
wise legally polled. 

I am very respectfullv, vour obedient 
servant, E. NORTH CULLOM, 

Independent candidate and nominee of the 

Republican party of the parish of Or- 

leuns for the Judge of the Fifth District 

Court thereof. 

Mr. McGloin—I beg leave to file a pro¬ 
test on behalf of the Democratic candidate 
for justice of the peace and the Demo¬ 
cratic candidate for constable of the sev¬ 
enth justice of the peace, against count¬ 
ing the votes oast for their opponents in the 
sixteenth and seventeenth wards of this 
city, tor the reason that by law the citizens 
of the Sixth District alone are allowed to 
vote for tnese officers. On behalf of I. W. 
Falls, candidate for the State Senate for the 
parish of Jefferson, because it was not 
stated on the ticket which of his opponents 
were for the long or short term; and on 
behalf of Philip Mitchell, candidate for 
clerk of court, because his opponent was 
voted for by persons out of the jurisdio 
tion of the court for which he was 
running; also a protest on the part 
of the judges and clerks of courts of 
the parish of Orleans, because the Repub¬ 
lican candidates were voted for in Carroll-* 
ton and the Sixth District, which is out of 
the jurisdictiori of the courts of the parish 
of Orleans; and lastly, I beg leave to file a 
protest against certain rules adopted by 
this board. 

I want to call attention to rule nine, 
in relation to evidence, and also to that 
rule which gives prima facie force and 
effect to the affidavits of supervisors, and 


hope that this board will immediately 
modify them 

President Wells—Dispense with the read¬ 
ing of your protest. 

General Anderson—Let it go on file and 
we will take it under consideration. 

Mr. McGloin—I will state that the lan¬ 
guage of that rule says that if we desire 
witnesses, we shall file a copy of their 
names with our opponents. We represent 
at least thirty or forty candidates You 
must recoguize that if every witness is to 
be sworn it will be impossible to get their 
lestimony. In another respect the rule 
seems to imply that I will, on behalf of my 
clients, serve a copy on the other side, and 
then get their cross ieiterrogarories, and 
then I can get an answer sworn in the 
presence of the other side. That offers no 
chance for identification. 1 call your at¬ 
tention to the protest on this account. On 
these two grounds, then, I think the board 
will modify the rule. 

President Wells—If there is nothing 
further before the board we had better go 
on with onr count. Are there any motions 
or petitions 1 

None being offered the board went into 
executive session, and the mom was cleared. 

Senator Sherman—Mr. Chairman, there 
are a number of gentlemen belonging to 
the delegation with us to-day who are not 
on the committee, but whose curiosity 
prompts them to remain awhile. 

President Wells—You may invite them to 
remain; they are at liberty to take seats. 
If they wish to remain any length of time 
during the session we will give them cards. 

Governor Wicklifte—I understand, Mr. 
Chairman, from your reply to a letter of 
mine, that I was to be admitted to the ses¬ 
sions of the board. I claim the legal right 
under the law to remaiu during the whole 
count. 

President Wells—The letter contains an 
omission. We intended that you should be 
present whenever there was a contest; but 
when there was no contest, there was no 
necessity for your being present. 

Governor Wicklifte—It seems co me there 
is a contest in every parish. 

President Wells—I mean where there is 
a dispute in any parish, that, as an elector 
at large, you would be admitted; that was 
•the intention and spirit of the letter. 

Governor Wickliffe—It is not contained 
in your answer to me in the communica¬ 
tion, because the issue was distinct, that as 
an elector at large I had the legal right to 
be present. 

President Wells—We don’t admit your 
legal light. 

Governor Wickliffe—It seemed to me that 
it IS inevitable from the answer, or I surely 
would not have been here. 

President Wells—It is an omission en¬ 
tirely on our part. 

General Anderson—Who wrote the let¬ 
ter? 

President Wells—I instructed Mr. Green 
to write the note myself, and was explicit 
in telling him the language in which it 
should be couched. 

Governor Wickliffe—I was not aware of 
that; 1 was governed exolusively by the let> 





14 


Proceedings of the Beturning Board. 


ter. It seems to me that I have a right to 
be present in any count, for there is a con¬ 
test in every parish between myself and the 
other elector. Surely I might be possessed 
of some information where there was no 
contest that I might bring before the board. 

President Wells—Whenever we find there 
is an error, sir, we will ask you for informa¬ 
tion. 

Governor Wiekliffe—Then I understand 
that >ou retract this communication. 

President Wells—I retract this communi¬ 
cation. 

Governor Wiekliffe—Verj good. So far 
as being present where there is a contest, 
there is very little advantage in that. 

President Wells—Very well, use your 
own option. 

Governor Wiekliffe—You will allow me 
the privilege ot tiling a protest. 

President Wells—Pile your protest, sir. 

EXECUTIVE SESSION. 

The returns from the parish of St. Mary 
were then called for and brought in, signed 
by J. T. Gordy, supervisor. The returns 
were signed by the supervisor, and sworn 
to before the clerk of the district court ot 
the parish of St. Mary, with the seal of the 
court attached. The commissioner of ele '■ 
tion states that from poll live to poll nine 
the returns were made more than ihirty- 
six hours after the closing of the election, 
and he entered his protest against receiving 
and couming the same. 

General Anderson—There is no objection 
to that. In my parish, which is very much 
scattered, it was three days before some of 
the polls came in and were counted. In 
some of the parishes the polls were seven¬ 
ty miles from the courthouse, and it would 
be impossible to get the returns in within 
thirty-six hours. So far as I am concerned, 
I see no objection to the returns on tliat 
ground. If you were to throw out parishes 
on that ground you would throw out half 
of the parishes in the Slate of Louisiana. 
I will venture to assert that there were 
polls here that were not counted out for 
thirty-six hours afterward. There is no ob 
jection to the retui^s on any other ground. 

President Wells—Go on and give the vote. 

General Anderson then announced the 
vote, as follows: 


Kellogg. 



McEnery. 


Butch. 



Wiekliffe. 


Jo-^epT. 



St. Martin. 


She don. 



Po( h--. 


AT ark 8. 



De Blanc. 

I4fi.5 

Leris e. 


..2407 

S.-ay. 


Brewster.... 


..2406 

Cobb.. 

. 14ft5 

Joffioin..,... 



Cross. 



For Governor—Packard 2397, Nicholls 
1455. 

The votes of the other State officers did 
not vary. 

General Anderson—That is all in form, 
sir, with the exception of the protest re¬ 
ferred to, which I do not regard as amount¬ 
ing to anything; it is merely technical. 

President Wells—Send it over to the 
clerk. 

The president then called for the returns 
from the parish of St. Helena, and they 
were brought in. 

General Anderson—The returns are not 


signed on the wrapper. There is no post-, 
mark on the wrapper; nothing but the 
name of the parish. On the inside there 
are tally sheets, statements of votes and 
consolidated returns. The remarks on the 
consolidated stateraenti are to the effect 
that the town of Greensburg, being incor¬ 
porated, and being situated in the second 
ward, is entitled to two justices of the 
peace. The returns appear to be all right. 
There is no protest here. 

The vote was then declared, as follows: 

Kellogg. 520 McEnery.648 

Biircb..6'0 Wukliflfe. 649 

Joseph. 520 Sr. Martin. 649 

Sll^-luou. 520 Porhe. 649 

Marks. 520 Blanc.649 

Levis^e. 520 Seay. 649 

Brewster. 520 Cobb.649 

Joffioin. 520 Cross.649 

For Governor—Packard, 516; Nicholls, 
652 

The other State officers all the same. 

President Wells—Is everything in order ? 

General Anderson—Yes, sir, it seems to 
oe all right; it is ceititied to by everybody. 

The returns from Tensas were then 
brought in. 

General Anderson—There is no post mark 
on the wrapper. The outside wrapper is 

signed. There are no remarks on the con¬ 
solidated statement of votes. The consoli¬ 
dated statement of votes is signed by C. C. 
Kinney, supervisor of registration, and 
sworn to before James S Matthews, justice 
of the peace, third ward, parish of Tensas, 
and certified by James S Matthews. 

President Wells—What is the result ? 

General Anderson then declared the re¬ 
sult, as follows: 


K llopg. 


McEnery. 


Bui ch. 


Wiekliffe. 


Joseph.... .... 


St Marlin. 


Sheid -n. 


Poche. 


Marks. 


DeBlauc. 


Lrvi^ee. 


Seay. 


Bte water. 


Cobb. 


Joffiion. 


Cross. 



For Governor—Packard, 3192; Nicholls, 
486 

Governor Smith—There are eleven polling 
places in this precinct, are there mo ? 

General Anderson—Yes, sir. Everything 
seems to be right in this return. Mr. 
Palmer, the votes there agree with your 
statement? 

Governor Palmer—Yes, sir. 

President Weils—Send the returns over 
to the clerk. 

The returns of Terrebonne were then put 
before the board for canvass. 

General Anderson—The returns are signed 
by William L Boyd, supervisor of registra¬ 
tion. There is no postmark on the wrap¬ 
per 

Governor Smith — How many polling 
places are there in the parish? 

.General Anderson—Fourteen. There are 
some informal votes in the returns. The 
return is sworn to before A. Bourg, clerk of 
the Fifteenth District Court. Everything 
is in form. 

General Anderson then announced the 


vote as follows: 
Kellogg.. 

.. 1969 

McEnery. 


Butch. 


Wiekliffe. 


Joseph.. 


St. Martin. 


Sheldon.. 


Poche..... 
































































Fifth Fay's Session. 


15 


Marks .1970 DeBlauc. 1389 

Levissee. 1971 1388 

Bre-wster. 1971 Cob'u. 137i 

Jcfifroia. 1972 Croes. 1388 

For Governor—Packard, 1962; Nicholls, 
1402. 

The returns from Vermilion wer^ then 
brought in, signed on the wrapper by Wil¬ 
liam M Hanohette, supervisor, post marked 
at Abbeville. 

General Anderson—A letter accompanies 
the consolidated statement of votes. 

Governor Smith—How many polls were 
there in that parish ? 

General Anderson—Nine. The returns are 
Bworn to by W. M, Hanchette, before L. 
Broussard; clerk of the Sixteenth District 
Court of Vermilion. The supervi9<)r certi¬ 
fies the same to be correct, except the scat¬ 
tering votes and the votes given for the 
ward ofiBcers outside the wards wherein the 
candidates reside. He further certifies that 
as regards the police jury candidates, those 
reported in this return received a majority 
of the votes for said otficea according to the 
returns in said parish. He continues as 
follows: 

“I have the honor to transmit the consol¬ 
idated statement of votes for the parish of 
Vermilion. Also the following, namely: 
One poll list, tally sheets, statements of 
votes, and list of voters. Prom poll No. 8 
there are no returns.” 

General Andereon—I suppose no election 
was ht Id in it. 

Mr Kenner—Poll No. 2 has a list of voters. 

General Anderson—Poll No. 1; what is 
that? 

Mr. Caeanave—There is a list of voters 
and tally sheet. Poll No. 1, 103 votes for 
the Democratic ticket, and nothing for the 
Republican. 

General Anderson—Poll No. 2; is it all in 
form? 

Mr Kenner—Yes, sir. 

General Anderson—There is no poll list, 
but there is a H>t of voters. That is all 
right. All the Republican electors have 
fifteen votes, and the D. mocratic have 104. 
Put it aside; it is all light. 

General Anderson—What does he say 
about No. 3? 

President Wells— It has everything. It is 
not necessary to open it 

General Andersim—Kellogg has 221 vot-s, 
McEnery 345 and Wickiifi'e 350. 

Governor Smith—What is the difference 
between a poll list and a list of voters? 

An explanation was made to the effect 
that a-list of voters is a list of persons vot¬ 
ing at any one poll, and a poll list the 
names oi all persons entitled to vote in any 
one parish. 

General Anderson—In poll No. 4 the votes 
were all one way: eighty-six for the McEn¬ 
ery ticket. In poll No. 5 there is a listi of 
voters, but no poll list. There are ninety- 
three voters on the list. 

President Wells—It is not necessary that 
the poll list should come here; it goes into 
the box and goes to the county seat and re¬ 
mains there. 

General Anderson—Poll No. 5 gives 91 for 
McEnery and 93 for all the others on the 


Democratic side. There are no votes on 
the Republican side. 

In poll No. 6 there is no list of voters and 
no poll list. There were 41 votes, ot which 
8 were for the Hayes electors and 33 tor the 
Tilden elecrofs. The commissioner has not 
sworn to the statement ot votes. What do 
you propose to do about that? 

President Wells—Let us examine it. 

Mr. Kenner—It is sworn to, it is all cor¬ 
rect. 

General Anderson—In poll No. 7 Tilden 
has 37 votes, but they have left off' the Mc- 
Euery votes. 

Governor Palmer—Is there a poll list 
there? 

General Anderson—No, sir. There is no 
vote for the Rtpublican electors; it is all 
for the McEnery electors. 

Governor Palmer—It is the McEnery 
electors with McEnery left out. 

General Anderson—We had better leave 
this out. 

President Wells—We had better lay it 
aside. As a fact it is signed, but not sworn 
to. 

General Anderson—There is no return 
from poll No. 8. • I suppose they had no 
election at that poll. 

President Wells—Let us take, then. No 9. 

General Anderson—There are tally sheets 
and lists of voters, but no poll list in it. 
There is one man left off. Tois is all sworn 
to. Tiiere are 33 votes for the Hayes elec¬ 
tors and 103 for the Tilden electors. What 
shall we do with this? 

President Wells —We had better lay it 
aside, and consult over the missing list in 
No 7. 

Governor Palmer—Is that matter regular, 
exc pt m legard to No. 7? 

Gent^rH Anderson—I presume it is all 
right. There are some irregularities that 
we don’t regard, howf ver. 

Governor Palmer—Have you the aggre¬ 
gate vote ? 

G eneral Anderson—Yes, sir; it is as fol¬ 
lows: 

Kellogg, 277; Burch, 272; Joseph, 272; 
Sheldon, 272; Marks, 272; Lavisee, 272; 
BiHW'ster, 272; Jottroin, 272. 

There wet e 902 votes for MoEiery, less 
37 which are not here on the consolidated 
re urn. It will make 37 votes less for them 
all if not counted. Mi Euery’s vote wouid 
oe 865, and all the others 872. McEuery 
having lost 5 votes in poll No. 3, where he 
got 345, and the oihers 350, 

General Anderson—Tais matter will have 
to be Investigated. 

President Welle —Lay it aside. 

The returns ot Washington parish were 
then oanvas-f-d. 

Genera! Anderson—The returns were re¬ 
ceived by mail and post marked November 
10 There are no remarks on the consol¬ 
idated statement of votes of the parish. It 
i.s .-igued by W. H. Ord, supervisor of reg¬ 
istration. 

Governor Smith—How many polls were 
there in that parish? 

General Andercon—There were five. The 
consolidated statement is sworn to before 
J. M. Simmons, clerk of the Sixth Judicial 















16 


Proceedings of the Peturning Board. 


Court of the parish of Washingtoji, on the 
ninth of November. Everything appears 
to be in form. The vote is as follows: 


Kfiltrtirjf. 

.165 

Afo.KnPTy.. 

.514 

Burchr.. 


Wickliflfe. 

.514 

Just-ph. 


Sr. Marlin. 


Slic non. 

....^.165 

Foch . 

.514 

Ma'ks. 

.165 

DeBlanc. 


Levisee. 

.165 

Seay. 


Brt-wster. 


Co <b. 


Joffriou. 

..165 

Gro.-s. 



For Governor—Packard 1G3, Nicholls 519. 

General Anderson—That is all right. 

President Wells—Send it over to the 
clerk. 

The returns of the parish of Jackson 
were next canvassed. 

General Anderson—The returns were 
sent by mail November 26, to the Secretary 
of State, and by him turned over to the 
board. There are seyen polls here. The 
consolidatea statement was sworn to by 
William M. Fallo, supervisor of regis 
tration, and before M. Dickson, clerk of the 
eleventh district court, parish of Jackson. 

The remarks are as follows: 

The above report contaios names of per¬ 
sons voted for at various polls in the parish 
except at noli six. Tw^^nty-two votes were 
oast for Hayes and Wheeler personally. 
There were no votes oast at this poll for the 
Hayes and Wheeler electors. The election 
passed oft’ peaceably and quietly, there be¬ 
ing no riots or disturbances to my knowl¬ 
edge whatever. 

There were 106 ballots in the box in poll 
number six. The list of voters as sworn to 
is only 105, there being one more vote in 
the box than there were names on the poll 
list. 

Samuel J. Tilden, for President, received 
82 votes afi this poll, and Hendricks 82, 
MeEnery 96, Wicklifte 96, and the balance 
96. 

The poll is all in form; only they say 
that they cast 106, and the polling list has 
only 105. 

President Wells—There must have been 
double ballots somewhere. 

On the proposition of General Ander¬ 
son the board took up poll No. 1, and 
went regularly through the polls of the 
parish, comparing the tally sheet with the 
consolidated returns. It appeared that in 
poll No. 2 eight colored mtn voted the 
Democratic ticket, and there were twenty- 
six names on the poll list and 25 votes tor 
electors. 

When the board reached poll No. 6 again 
President Wells suggested that the vote be 
all Compiled except Irom that poll. 

General Anderson—The poll list of poll 
No. 7 is not signed. What is the proposi¬ 
tion with reference to it ? 

President Wells—Have the return com¬ 
piled, and leave a space there for our de¬ 
cision; if we should agree to throw it out 
we will insert it; if we we compile it the 
space will be left there, and we will put 
it in. 

General Anderson—This is going to be 
rather an important question. Here is a 
vote that does not correspond. For in¬ 
stance, they give Packard twenty three 
and Hayes twenty-three, but give the 
electors none; they give Tilden and Hen¬ 


dricks eighty-two, McEnery ninety-six and 
so on. 

Governor Palmer—Is the question wheth¬ 
er you will count the votes oast for presi¬ 
dential electors. 

President Wells—The question is as to 
lormality. 

General Anderson—It does not entirely 
conform to the requirements, and the con¬ 
solidated return does not correspond ex¬ 
actly with the returns. 

Governor Smith—It corresponds with the 
figures. 

General Auderson—No, sir. 

Mr. Stoughton—That return is not count¬ 
ed. I suppose, at present? 

General Anderson—Not at present. We 
will leave it for our consideration hereafter. 

Governor Smith—Leaving poll No. 6 to 
be considered, give us the aggregate vote 
without it. 

General Anderson—Three hundred and 
sixty-four for the McEnery electors and 
twenty three fw Kellogg. Democratic elec¬ 
tors have all 463 votes excepting McEnery. 

Tue returns of this parish were laid over 
for further consideration, and the returns 
from Lafourche were brought in. 

General Anderson—There is nothing on 
the wrapper of the returns from Lafourche 
but the seal—no address and no signature. 

President Wells—What is the number of 
polls there. 

Mr. Casanave—There are twenty. 

General Anderson—The consolidated re¬ 
turns call for twenty-two. 

The rt-marks on the consolidated returns 
are as follows; 

Poll No. 4—Seven a^davits that many Re¬ 
publicans were prevented from voting by 
the Democratic commissioners. Poll No. 1— 
No votes polled. Poll No. 2, received No¬ 
vember 9, at ten o’clock—Protested against 
by S R. Snaer and Charles L. Nicholls, 
Republican United States supervisors of 
election. Poll No. 10—No returns received; 
boxes delivered by Democratic commis¬ 
sioner of election, E. O. Sullivan, in a 
drunken state, who demanded in a violent 
manner that the supervisors receive them. 
I don’t see any protest here This is 
signed by M. Ledet, supervisor, and sworn 
to beft re H. Franklin, clerk ot court for 
Lafourche parish, on the ninth of Novem¬ 
ber, 1876. 

President Wells—Are there any protests 
separately filed? 

General Anderson—I see nothing here 
except the statement that there is a pro¬ 
test. The supervisor says the protest was 
entered by Snaer and Nicholls, but they 
don’t say so themselves. Pull No. 2 is left 
out of the consolidated refurns, and no 
votes were polled at poll No. 1. That is 
often the case. 

Governor Smith—We have the returns 
here of poll No. 10, of 171 for the Demo¬ 
cratic ticket, and forty four for the Repub¬ 
lican. 

The board went through the canvass of 
the polls of the parish regularly. It ap¬ 
peared that at poll No. 5 there was no list 
of voters; that among the papers of poll 
No. 15 there were some of the papers of 
poll No. 21. 






















Fifth Da'ifs Session. 


17 


Judge Trumbull—It appears that at poll 
seventeen there were only three electors on 
the Republican side voted tor; they were 
Kellogg, Marks and Burch. 

General Anderson—That is all on the list, 
but we see here he has returned them all. 

Judge Trumbull—But he has returned 
none of the Democrats. 

General Anderson—No, sir. 

Governor Smith—We may find it in some 
ol the polls. 

General Anderson—The electors are all 
put on, but the names are omitted. 

General Sheldon, one of the Republican 
electors, appeared in the room at this time 
and stated to President Wells in an in¬ 
formal manner that he had a constitutional 
question to present to the board when the 
parish of Orleans was called up. 

The canvass in the remaining polls in the 
parish of Lafourche was then proceeded 
with. 

Judge Trumbull drew the attention of the 
board to the fact that in poll No. 22 there 
were none of the usual papers accompany¬ 
ing the return excepting the tally sheets. 
He also stated there were but three electors 


voted for at that poll, and that they re¬ 
ceived seventeen votes, and that there was 
nothing for the Democratic electors. ’ 

Governor Palmer—They don’t need any. 

Judge Trumbull—No, the other side hav¬ 
ing none they don’t need but a few. 

Governor Palmer stated informally to the 
president that a number of afiddavits bear¬ 
ing upon the contested parishes had been 
sent him to bring before the board, but he 
had returned them to the parties who had 
sent them. He supposed that they would 
be delivered in the morning. 

General Anderson made the announce¬ 
ment that the board had examined every¬ 
thing then before them. There was a pro¬ 
test against poll No. 2 of Lafourche, and 
the decision as to that protest was reserved. 
He announced that the highest Republican 
vote in Lafourche parish was 1865, and the 
lowest 1864; the highest Democratic vote 
was 1694, and the lowest 1690. Considering 
poll No. 2, poll No. 10 not being returned, 
it would only make a difference of thirty- 
eight in favor of Tilden. 

Adjourned until 11 A. M. Thursday. 


SIXTH DAY’S SESSION. 


Thursday, November 23* 

The Board of Canvassers convened at 
11:30 A. M. to-day, and was called to 
order by President Wells, all the members 
being present. 

The minutes of the previous meeting were 
read. 

Messrs. Stoughton, Parker, Clarke, Far- 
well and Stevenson were present as the 
committee on the part of the Republican 
delegation. Messrs. Trumbull, Palmer, 
Smith, Bigler and Julian were present on 
the part of the Democratic delegation. 

General Anderspn—Mr. President, I arise 
to a question of privilege. I wish to read 
an article which appeared in the evening 
Democrat of November 22, not that I care 
particularly about it, but I wish the public 
to know what is the law, and that the 
Democrat may also know what is the law, 
as they appear not to be informed. Its 
editor has not probably read the act under 
which this board is acting—act No. 98, No¬ 
vember 20,1872. 

General Anderson then read the article 
which, in effect, charged that in the Hoar 
investigation he had testified that he was 
disqualified from serving on the board in 
consequence of his being a candidate. He 
continued as follows: Now, for the infor¬ 
mation of the gentlemen present, and of 
the editor of the Democrat, I will state that 
the law under which I was acting—the law 
of 1870—is different from the law under 
which we are now acting. Act No. 98 of 
1872 said that no candidate should be eli¬ 
gible to a seat on the board. Under that 
act I was a member of the board, and being 
a candidate in 1872, of course I did not at¬ 
tempt to act in the fall of 1872. I was not 
on the board that returned McEnery or 

3 


Kellogg; but, under this act of November 
20, 1872, which was signed by Warmoth, it 
was required by section two tnat five per¬ 
sons should be elected from both political 
parties to be the returning officers for all 
elections in the State, a majority of whom 
shall constitute a quorum. The act became 
a law on the twentieth of November, 1872. 
The Senate not being in session at the time, 
at the succeeding term of the Legislature, 
which commenced on the first Monday of 
January, 1873, the Senate elected the fol¬ 
lowing officers: Messrs. Wells, General 
Longstreet, John Lynch, G. Casanave and 
L M. Kenner. Mr. Lynch having resigned, 
T. C. Anderson was elected by the board. 
That is the law upon this subject. Now, I 
am acting under this law, and there is 
nothing in this law saying anything about 
a man being disqualified in consequence 
of his being a candidate. If there 
was I certainly would not sit 
upon this board. And further, I acknowl¬ 
edge that my competitor was elected, and I 
have not sat with the board here when the 
parishes of Calcasieu and Cameron were 
canvassed, and I will not sit when the par¬ 
ishes of Lafayette and St. Landry are being 
canvassed. Therefore, I wish the public to 
understand that I am not acting under the 
same law that I acted under in 1870, when 
I testified that I was disqualified in conse¬ 
quence of being a candidate. I believe the 
explanation will be satisfactory to the 
editor of the Democrat, if he will read the 
law of November 20, 1872. 

President Wells—Are there any motions? 

Judge Spofford—I desire to offer a motion 
with a statement of my reasons upon it. 

President Wells—Is it very long? 

Judge Spofford—NOj sir; it is very short. 








18 


Proceedings of the Beturning Board, 


Judge Spofford then read a paper setting 
forth.that he had been informed that the 
supervisors of fourteen parishes had not 
made any returns; that many of these re¬ 
turns were in the hands of Republican su¬ 
pervisors or of a Republican candidate for 
Congress; that, from the statement made 
by General Anderson before the board on 
Monday, the returns for St. Landry were in 
New Orleans on that day, though reported 
not filed yesterday. 

General Anderson—Judge Spofford, you 
are mistaken. I said they would be here 
in a few days. I can tell you that the boat 
is on her way here. She was aground at 
Red river when last heard from. The su¬ 
pervisor is with her. 

Judge Spofford—I was present, and un¬ 
derstood you to say so. 

General Anderson—The supervisor and a. 

ood many Republicans and friends are on 

oard, and the returns are with the super¬ 
visor. 

Judge Spofford—That is a mistake, then. 

Judge Spofford then continued his state¬ 
ment to the effect that there were other re¬ 
turns in the city which had not been re¬ 
ported to the board, and moved, on behalf 
of himself and other counsel, that the su¬ 
pervisors or other persons having the re¬ 
turns be ordered to bring them before the 
board forthv ith. He., asked the action of 
the board upon the matter, saying he may 
be permitted to suggest that this conduct 
on the part of partisan officers should, it 
seemett to him, receive some further notice 
as a breach of the law and the spirit of 
propriety. 

President Wells—If you will accompany 
your statement with the facts, and point 
out who hsive the returns, we may be able 
to do something. We have no evidence. 
We will take steps to get the returns here, 
but we havi no authority to act. We will, 
however, take the authority if we are con¬ 
vinced that the gentlemen are here with 
the returns. It is the duty of the officers 
to make their returns. There is no law by 
which we can force them to do so, but we 
will disregard that. 

Judge Spofford—I will bring the facts 
before the board. 

Judge Spofford also filed a motion to the 
effect that the returning officers prescribe a 
day and the order in which contested par¬ 
ishes will be taken up. He stated he did 
not care in what order they might be taken 
up, whether the parishes taken up were 
near or remote, but that it was important 
for counsel to know, in order that they 
might get their witnesses. He took it that 
the board was desirous of proof on both 
sides. 

President Wells—You shall be notified 
whenever we take up any of the contested 
parishes. 

Judge Spofford—Can you not prescribe 
the order so we may learn which will be 
taken up first ? 

General Anderson—I should suggest we 
commence with the parish of Baton Rouge. 

Judge Spofford—Baton Rouge, East ? 

General Anderson—Yes, sir. I will re¬ 
commend that. 

Judge Spofford—All I want to know is 


what will be the order so we can have our 
cases ready. It is a reasonable request. 

President Wells—We will take up East 
Baton Rouge. We must be governed by 
the length of the evidence, however, that 
is to be introduced. If when we open a 
parish that is contested we see that the 
evidence is extended, then we will take up 
another parish, so as to get through with 
those which are least complicated. We 
prefer that we should not answer your 
■ request until we see what is the extent of 
the evidence of the parishes we may open. 

Judge Spofford—Will your board do us 
the favor to say on what day Baton Rouge 
will be taken up? 

President Wells—We can not say to-day 
or to-morrow; but if the evidence which 
yon require is in the country we will pass 
it over for the day and take up another. If 
we find that that parish is in the same con¬ 
dition, we will pass on until you are satis¬ 
fied, or rather, obtain ,vour witnesses. 

General Anderson—I would suggest that 
we issue a request to every supervisor in 
the State to file their returns immediately. 

President Wells—That will be done. Mr. 
Secretary issue an order at once. 

General Anderson—Instruct the super¬ 
visors to make their returns at once. 

Crlonel Zacharie presented a letter from 
Louis Bush, Esq., chairman of the Demo¬ 
cratic Parish Committee, with reference to 
the vacancies on the board, and was pro¬ 
ceeding to read the same, when President 
Wells interrupted him for the purpose of 
saying that he was in error when he spoke 
of there being vacancies on the board. 
There was but one vacancy. The commu¬ 
nication also referred to the appointment 
of the clerical force of the board. President 
Wells stated that the clerical force was 
complete and that they could make no al¬ 
teration in it. 

Colonel Zacharie—I understand that 
when the returns of Lafourche parish were 
opened yesterday there was some objection 
in regard to poll No. 2. ’We have evidence 
in regard to the condition of affairs there, 
and we also have a certified copy of the 
official returns made to the clerk’s office of 
that parish, both of which we will submit 
tor the information of the board. 

General Anderson—We have a copy of 
that poll. 

President Wells—But if you desire them 
to go before the board, there is no objec¬ 
tion. 

Colonel Zacharie—Then in poll No. 10, 
on the compiled statement, are contained 
certain facts to the effect that the party 
coming with the box was in an intoxicated 
condition; that it was noc sealed, etc. I have 
the official copy and the statement of the 
gentleman delivering the box and the Re¬ 
publican constable who accompanied him. 
I would like to state verbally, for the justi¬ 
fication of the gentleman, that he never in¬ 
dulges in drink. 

President Wells—We have also state¬ 
ments that have just been received this 
morning with reference to that matter. 

Colonel Zacharie—I have also affidavits 
in regard to Lafourche, which allege 
fraudulent voting, not giving the Demo- 






Sixth Day's Session, 


19 


oratio commissioner certain polls, which, 
together with all the statements, show facts 
connected with the election, we would like 
the board to take under consideration. 

Mr. McGloin oifered a modification of 
the protest oflered by him yesterday, and 
also a motion that the board immediately 
open all the returns in the possession of the 
board, and that copy of evidence and docu¬ 
ments connected with the contested parishes 
in which he acted as counsel, should be fur¬ 
nished him. 

He was directed to file it by the presi¬ 
dent. 

He also stated that he thought that the 
board was in error as to the character and 
nature of the paper which he presented 
yesterday in relation to the adoption by the 
board of certain rules. The secretary had 
recorded that as a protest. It was not a 
protest; it was a demand that the board 
should modify its rules with reference to 
giving counsel an opportunity to prepare 
their evidence. He asked the board to act 
upon the demand that the rule be modified. 
He also stated that the rule which the 
counsel complained against most greviousiy 
was the one giving prima facie force and 
eftect to the report of the supervisors. This 
prima facie case which the rule establshed 
counsel could not overcome. All their op- 
ponets had to do was to introduce wit¬ 
nesses in opposition to the witnesses intro¬ 
duced by the contestants until the i)atienoe 
of the board was exhausted. The claim of 
counsel was that prima facie evidence be¬ 
longs to the poll, and that persons attack 
ing it must satisfy the board that the poll 
was not correct, otherwise it must stand. 

Colonel Zacharie—I would like to ask for 
information whether the returns of the 
parish of Morehouse are filed here? 

Mr. Green—No, sir. 

Colonel Zacharie—Will the board please 
order the secretary to furnish counsel a re¬ 
port of what returns are not absolutely in 
the hands of the secretary, and what are 
still out—that is what have not been filed. 

President Wells—We can not give you 
that statement now; the secretary has not 
time to prepare it. 

Judge Spofford—You stated that the par¬ 
ish of East Baton Rouge was in. I ask 
now that the g'entlemen be permitted to 
inspect all the papers, and have copies of 
all the papers raising questions of im¬ 
portance in that case. 

President Wells—We have not examined 
the returns of that parish yet. 

Judge Spofford—Pardon me for again in¬ 
terrupting, Did I understand you to say 
that the request we have made for the 
opening of all returns now in is granted or 
refused? 

President Wells—We can not consent to 
the opening of any returns in public for 
some time. We must go on as usual. We 
had a great deal of difficulty in 1874 in this 
matter. A great many charges were 
brought against the board and its clerical 
force in consequence of having the papers 
opened and read for the inspection of the 
ontire public. 

Colonel Zacharie—May I ask how many 


days there are before you in which to com¬ 
plete your labors? 

President Wells—The electoral vote must 
be canvassed by the sixth. 

Mr. McGloin—With due respect to the 
board, allow me to suggest there are sev¬ 
eral parishes in which it will take six or 
seven days to get the witnesses here. If it 
takes four or five days to get these wit¬ 
nesses, how can we protect the interests of 
our clients, having only two or three days’ 
notice? How will we have time to brmg 
the witnesses down? 

President Wells—In law you always 
have your witnesses in court. Why not 
have them here now, without any request 
on our part to furnish you with a state¬ 
ment where there is a contest? You know 
the nature of the contest. 

Mr. McGloin—I beg leave to differ with 
you upon that question. We don’t know 
that, and, so far as being counsel in the 
courts, we have the records open to us. We 
cau tell the character of the demand 
against us, but we have not got that here. 

President Wells—You know there is a 
contest. 

Colonel Zacharie—We don’t know the 
nature of the contest. We know there are 
contests. We suspect, but we don’t know 
the grounds. There are intimidation, brib¬ 
ery, corruption, and a dozen more grounds 
upon which to contest, but we don’t know 
what the grounds are here. 

President Wells—We must adhere to our 
ruling. If there are no more motions or pe¬ 
titions or protests, the board will go into 
executive session. 

Judge Spofford—If I understand the 
ruling of the board, our committee is en¬ 
titled to be present during the examination 
of the returns of a contested parish ? 

President Wells—When we take them up 
for final consideration we will let you 
know. 

Colonel Zacharie offered a request on be¬ 
half of H. D. Moore, a candidate in the 
eighth district, asking to be present when 
the canvass in his district was made. 

President Wells, in reply to Judge Spof¬ 
ford, stated that as soon as the parishes 
where there were contests had been opened 
and thoroughly examined, counsel would 
be permitted to come in and inspect them 
before any action was taken. 

The following letter was received by the 
president of the board: 

Mayoralty of New Orleans, ) 
New Orleans, November 23,1876. 5 
Hod. J. Madison Wells, President Returning Board 

of the State of Louisiana: 

Sir —I am instructed by the City Council, 
sitting in committee of the whole, to re- 
speottnlly invite your attention to the fol¬ 
lowing considerations which lead it to hope 
that your honorable board will speedily 
canvass the vote of the city of New Orleans 
in the late election. 

Section eighteen of the city charter of 
1870 requires the City Council at the first 
regular meeting in December to impose the 
license tax, and once at a regular meeting 
in December, and not oftener, to lay an 
equal and uniform tax for the year 1877. 

Section fourteen of act No. 73 of 1872 re- 







20 


Proceedings of the Beturning Board, 


quires the City Council to adopt the budget 
of receipts and expenditures during the 
months of November and December, and 
also requires that the estimate of expendi¬ 
ture shall not be adopted until one week 
shall have elapsed after final adoption of 
the estimate of revenues. 

In view of these laws early action in the 
month of December is necessarily required 
and in view of the improperity of an out¬ 
going Council binding a succeeding ad¬ 
ministration in such important matters, I 
am further instructed by the committee to 
request that your board will, by a prompt 
canvass of the city vote, relieve the present 
Council and enable tne new Council, fresh 
from the people, to frame their own budget 
of receipts and expenditures in accordance 
with the policy they may conclude to 
adopt. 

Very respectfully your obedient servant, 
CHARLES J. LEEDS, Mayor. 

The board then went into executive ses¬ 
sion, and the returns from the parish of 
Madison were brought in. 

General Anderson—There are two pack¬ 
ages of consolidated returns, signed by 
Philip Joseph, supervisor. The remarks 
are as follows; “The election was bold at 
the different polls of the parish, and the 
returns made in aocordancei with ihe law, 
except poll No. 8, from which there have 
been no returns made. A full statement 
made touching the protest of this poll will 
be found in the supplemental report which 
has been sworn to by the supervisor on the 
thirteenth of November, before P. J. Wat¬ 
son, clerk of the Thirteenth District Court 
for the parish of Madison. 

Governor Smith—Was that attached to 
the consolidated report ? 

General Anderson—No, sir; to the supple¬ 
mental report. The remarks say with re¬ 
ference to poll No. 8 that the election was 
held properly and in accordance with law 
up to the time the polls were closed, and 
the counting of the votes was about to 
commence, when a body of armed men 
appeared, presented their guns and took 
forcible possession of the box and took it 
away, since which day it has not been 
seen or heard of by the commissioners of 
elections. Nothing is known of the vote 
cast at this poll, except from the sworn 
statement of the two commissioners of elec¬ 
tion at that poll. Their statement gives 
the following result: Kellogg 63, Packard 63. 

General Anderson—Shall we go on with 
the count? 

President Wells—We might go on with 
the count and not compile the eighth poll 
until we have decided on it. 

The vote was announced by General An¬ 
derson, as follows, poll No. 8 not being 
considered: 

Kellogg.2521 McEnery.332 

Burch.2511 Wickliffe..315 

Joseph.2516 St. Martin.331 

Sheldon.2509 Poche.332 

Marks.2506 DeBlano.306 

Levlsee.2511 Seay.300 

Brewster.2506 Cobb.331 

Joffroin.2506 Gross.316 

For Governor—Packard, 2510; Nicholls, 
287. 

General Wells—Here is a little trouble, 


Governor. There are three names given 
here in the case of Poche. 

President Wells—Perhaps they are alter¬ 
nates. 

General Anderson—One is Felix P. Poche, 
one IS J. O. Poche, and the other is J. B. 
Pocher or J. B Pochee. 

President Wells—How have they been 
summed up? 

General Anderson—F. P. Poche, 103; J. O. 
Poche, 71, and J. B. Pocher or Pochee, 158 

President Wells—What is the total of it? 

General Anderson—It is 332. It is evi¬ 
dently all intended for the same man. 

President Wells—Yes, sir. 

General Anderson—Put him down 332, I 
suppose? 

President Wells—Yes, sir. 

. Governor Palmer—We have no retnrns 
from poll No. 9. What is the vote in poll 
No. 9, General Anderson? 

General Anderson—It is 236 for the Hayes 
ticket, and 49 for McEnery. 

Governor Palmer—I think it shows fully 
that our mistake is that we have placed 
poll No. 9 in the column of poll No. 8. 

General Anderson—Governor, will you 
consider the supplemental report at present 
or not? 

President Wells—Not for the present. It 
will require further evidence. 

The returns from the parish of Natch¬ 
itoches were next called for. 

President Wells stated that Colonel 
Zacharie had given notice of a contest 
there. He stated the board would ex¬ 
amine the papers, and it could then see 
whether it could be delayed while they 
were sending for Colonel Zacharie, if it 
should become necessary. 

The returns for both Natchitoches and 
Union parishes were sent for. 

A communication was handed in at this 
point of the proceedings from J. L. Rich¬ 
ards, United States supervisor of the parish 
of Madison, demanding his admission, as 
authorized by the United States law, during 
the canvass of the parish of Madison, which 
he stated was then going on. 

President Wells—It comes too late; the 
returns of the parish have been counted. 

The returns from the parish of Union 
were then ordered to be brought in and 
placed on the table. 

General Anderson—They were returned 
by mail November 10, directed to the Re¬ 
turning Board. There are two packages. 

Governor Smith—How many polling 
places are there? 

Mr. Casanave—I see here nine. 

General Anderson—The returns are sworn 
to by John M. Lee, supervisor, before J. E. 
Trimble, judge of the Eleventh District 
Court of the parish. The remarks state 
the disposition of a number of scattering 
votes. The aggregate vote is as follows: 

Kellogg. .94 McEnery. 1465 

Burch. 94 Wicklijffe. 1492 

Joseph. 94 St. Martin. 1493 

Sheldon. 94 Poche. 1493 

Marks. ....94 DeBlanc. 1493 

Levisee. 94 Seay. 1493 

Brewster. 94 Cobb. 1492 

Jofhion. 94 Gross. 1493 

For Governor—Packard, 87; Nicholls, 





































Sixth Day's Session. 


21 


Several of the polls of the parish were 
examined by the board. It appeared in 
poll No 3 that the McEnery ticket received 
130 votes, while the Kellogg ticket got 
nothing. The returns were found to be 
correct and were sent to the clerk. 

The returns from the parish of Natchi- 
tocjhes were then called for and brought in. 

General Anderson—There are three pack¬ 
ages here. One was sent to the Secretary 
of State and the others to us. One of the 
packages is the tally sheets. The packages 
are sealed, but not signed on the outside. 
The compiled statement is sworn to by E. 
K. Rose, supervisor of the parish of Natchi¬ 
toches, sworn to by John Barlow, deputy 
clerk of the Seventeenth District court of 
the parish. The remarks give a list of scat¬ 
tering votes oast for certain persons. Every- 


thing is in form. 

The result is as 

follows: 

Kellogg. 


McEnery. 


'Rnmh 

.2099 

Wiekliffe__ 

.1761 

Joseph. 


St. Martin. 


Shftlrlmi . 

.1558 

Poche. 

.1588 

Marks. 

,,1558 

DeBlanc. 


Levisee. 


Seav.. 


Brewster.. 

.1550 

Cobb. 

..1588 

Joffroin. 


Cross. 



Por Governor—Packard, 2084; Nioho'ls, 
1776. 

General Anderson—I suppose what 
Colonel Zaoharie alluded to in his protest 
is here—the failing behind of some of the 
electors. In some of the wards the.'v have 
left off a portion of the electors on both 
sides, a few more on the Republican side 
than on the Democratic side. The Demo¬ 
crats are ahead about 30 votes. * 

Presi^nt Wells—Compare some of the 
polls. General, with the consolidated state¬ 
ment. 

Judge Trumbull—What is that bundle of 
papers on the table? 

General Anderson—It is a part of the re¬ 
turns. We are comparing the returns re¬ 
ceived by the Secretary of State. The 
bundle you refer to is the list of persons 
who voted in the parish. It does not 
amount to anything. 

In the comparison of poll No. 7 with the 
consolidated statement it appeared that 
Kellogg, Burch and Devisee were the only 
persons voted for, the first two receiving 
541 votes and the last 542. McEnery, Wick- 
liffe and Seay were the only electors voted 
for on the Democratic ticket, they receiving 
173 each. 

Governor Smith—What is Colonel Zacha- 
rie’s obieotion to this parish? 

General Anderson—He does not want the 
votes counted for those electors who have 
run behind, because he says they are not 
voted for. They are not returned by the 
supervisor. 

Governor Smith—How does that arise ? 

General Anderson—There are only three 
names on the tickets, the two ‘electors at 
large and one for the district returned. 
Both sides made the same mistake. 

Governor Smith—They seem to be a cou¬ 
ple of fools. It makes no difference. 

General Anderson—It makes a difference 
of 301 against the Republicans. 

Governor Smith—I don’t mean that. I 
mean it is a stand-off. It makes that differ¬ 


ence of course. I am glad of it. I wish 
they had not been printed on any list. 

Mr. Stevenson—You ought not to wish 
that. You ought to go according to e-quity. 

President Wells—^Send the returns over 
to the clerk to be compiled. 

The returns from the parish of Iberville 
were next produced. 

General Anderson—The superscription 
on the paper is: “Tally sheets and state¬ 
ment of votes, parish of Iberville. P. V. 
Deslonde supervisor,” There is no address 
on the package. There are no remarks on 
the consolidated statement of votes. They 
are sworn to by P. V. Deslonde, before 
James Crowell, clerk of the Pifth Judicial 
District Court. 

General Anderson stated that there were 
a number of scattering votes, and read the 
same He announced the vote as follows: 


Kellogg. 


McEnery. 


Bnrch. 


Wickliffe. 


Joseph. 


St. Martin. 


Sheldon. 


Poche . 


Marks. 


DeBlanc. 


Levisee ... i.. . 


Seay. 


Brewster. 


Cobb. 


Jeffrion. 


Cross. 



It appeared that in this parish several 
of the electors ran behind their ticket as 
shown by the consolidated statement. The 
board then took up the statement of votes 
in several of the polls, and compared 
them with the consolidated returns. 

Poll No. 10 gave Joseph, Sheldon, Devi¬ 
see, Brewster and Joffrion nine votes only. 
In poll No. 11 they received 170, the bal¬ 
ance of the ticket receiving 207 votes. 

President Wells—Send the returns over 
to be compiled by the clerk. 

The returns from Plaquemines were then 
called for by President Wells. 

It was suggested that there was a pro¬ 
test in Plaquemines. 

General Anderson—There was a protest 
in the returns from the last parish (Iber¬ 
ville), but we have found that it amounted 
to nothing. What is claimed on behalf of 
parties protesting should be looked after 
and attended to, appears in the consolidated 
statement just as they asked it should be. 
Therefore there can be no objection to com¬ 
piling the statement. 

The returns from Plaquemines were then 
brought in. 

General Anderson—There is but one 
package, and that is sealed. There are no 
remarks. The returns are sworn to by R. 
B. Edgeworth, supervisor of registration, 
before D. A. or D A. Tiebault. 

President Wells—Are there any protests 
against Plaquemines? 

Mr. Green—Yes, sir; there is one pretest 
on file. 

General Anderson then announced the 
vote, as follows: 

Kellogg.1754 McEnery.712 

Burcli.1753 Wicklilie.712 

Joseph.1754 St. Martin.710 

Sheldon.1753 Poche.711 

Marks.1753 De Blanc.712 

Levisee.1753 Seay.712 

Brewster.1753 Coho.711 

Joffrion.....1752 Cross.712 

For Governor—Packard, 1732; Nichoils, 
727. 




















































22 


Froceedings of the Beturning Board, 


Antoine is ten ahead of Packard, and 
Wiltz runs ten behind Nichoils. 

General Anderson—What is the protest? 

President Wells—lotimidation and re¬ 
fusal of officers to perform duties. 

General A-nderson—Who is intimidated? 

President Wells—A couple of candidates. 
The names are attached to the protest. 
They are Joseph Cosse and Joseph Ponte- 
nelle. 

The following is the affidavit filed: 

Joseph Cosse, Pierre Hingle and Joseph 
Pontenelle, being each duly sworn, do 
depose and say: That they are citizens 
and residents of the parish of Plaquemines, 
and duly qualified electors of said parish; 
that by tnreats of violence, intimidation 
and corrupt influences which were prac¬ 
ticed throughout the parish, a free, fair and 
peaceable vote of all qualified electors en¬ 
titled to vote in this parish was prevented 
and materially interfered with; that said 
threats of violence, intimidation ftnd cor¬ 
rupt influences did materially interfere 
with the purity and freedom of the elec¬ 
tion held at Beaurejour scheolhouse, third 
ward poll, Promised Land plantation, 
where armed men surrounded the ballot- 
box; at the fourth ward poll, Pointe-at-la- 
Hache, at the courthouse, where affiant, 
Joseph Cosse, was acting as commissioner 
of election, at the sixth ward poll, 
quarantine station; at the seventh ward 
poll, Rockville, or Rockport; at the eighth 
ward poll, at Emile Fredericks’, and at the 
ninth ward poll, at Pointe Celeste planta¬ 
tion, on the seventh day of November, 1876; 
that said threats of violence, intimidation 
and corrupt influences did prevent a suffi¬ 
cient number of the qualified electors from 
voting as they desired as to materially 
change the result of the said election held 
on the seventh day of November instant, 
1876; that by the failure, neglect or refusal 
of R. B. Edgeworth, supervisor of registra¬ 
tion for the parish of Plaquemines, to faith¬ 
fully and impartially discharge his duties, 
at least 300 citizens of the parish of Plaque¬ 
mines, entitled to register and vote, were de¬ 
nied registration and prevented from voting 
at said election held in this parish on the 
seventh day of November, 1876; that at the 
third ward poll ac Beaurejour sohoolhouae 
no Democratic commissioner of election 
was appointed, and no one representing the , 
Democratic party acted or was permitted 
to act as commissioner of election; that at 
the sixth ward poll at Quarantine Starion, 
at the seventh ward poll at Rockville 
or Rockport, at the eighth ward poll at 
Oakville, no Democratic commissioners of 
election were appointed, and no one repre¬ 
senting the Democratic party acted or were 
permitted to act at either of said polls. 
Wherefore affiants protest against and ob 
ject to the canvass or compilation of the 
votes from the above named voting places, 
and pray the Board of Returning Officers 
not to canvass or compile the statements 
of the votes from the said voting places in 
the parish of Plaquemines, but to exclude 
them from their returns. 


All to the best of their knowledge, in¬ 
formation and belief, so help them God. 
JOSEPH COSSE, 

JOSEPH PONTENELLE, 
PIERRE HINGLE. 

Sworn to and subscribed to before me in 
my office, this seventeenth day of Novem¬ 
ber, 1876. FRANCIS S. CARO, 

Fourth Justice of the Peace in and for the 

parish of Plaquemines. 

General Anderson—It does not seem to 
me there has been much intimidation be¬ 
cause it is a pretty full vote. 

President Wells—Give us the poll list, 
and let us see the number of votes in the 
parish. 

Judge Trumbull—Does that protest come 
up with the returns? 

President Wells—No, sir; it did not. It 
was filed after the returns reached here. 

General Anderson—There are no remarks 
on the consolidated return of the super¬ 
visor of registration at all. 

President Wells—When was the protest 
received? 

Mr. Green—It was filed on the twenty-first. 

Judge Trumbull—Is it allowable under 
your mode of proceeding to receive the pro¬ 
test in that way afterward ? 

President Wells—We receive them within 
ten days after the filing of the returns. 

General Anderson—This was not within 
the time. 

President Wells—On what day was it 
filed? 

Mr. Green—It is document No. 19 on the 
records of the board, and was received on 
the twenty-first of November. 

President Wells—But we always take 
them under consideration and lodk into 
them. 

General Anderson—Let us see if the pro¬ 
testing gentlemen are candidates or not. I 
find here on looking into the papers Cyiille 
Cosse IS a candidate. 

Governor Palmer—I would like to state a 
matter to the board that troubles me a 
good deal. I received this package which I 
have in my hand for the purpose of present¬ 
ing it to the board. I feel that to present 
it, except as the medium of communication, 
is improper, and yet, when the gentlemen 
send them to me, I do not know what to Jo 
with them, and without knowing the con¬ 
tents, I would like to pre.sent it to the 
board. 

President Wells—We will take it and 
examine it. 

Governor Palmer—I desire to be the 
mere medium of communication. I do not 
know the contents of the box. 

General Anderson-So it is not some in¬ 
fernal machine, we are perfectly willing to 
receive it. 

Judge Stoughton—I was going to say that 
you ought to open it because there might be 
some powder in it. 

Governor Palmer—I am willing to take 
that risk, but I do not want to be responsi¬ 
ble except as the medium of communica¬ 
tion. I will take the chances of the pow¬ 
der. 

Judge Stoughton—But you will let the 
board take the chances when the box is 
opened. 









Sixth Day's Session, 


23 


General Andereon (opening the box)— 
The first thing in the box is a newspaper 
article, beaded “The Outlook in Louisiana— 
the People Hopeful of Reform—Packard & 
Co.’s Last Resort.” Here is also an elec¬ 
tion poll published by authority, accom¬ 
panying which is a statement with refer¬ 
ence to the number of polls mentioned in 
the list. It says that two polls not men¬ 
tioned in this list were established by the 
registrar on the day of election. 

President Wells—The law gave him the 
right to do that. 

General Anderson—In the town of Ope¬ 
lousas they established two polls on the 
morning of the election. They were Dem¬ 
ocratic polls. Here are eighteen affidavits, 
which were enclosed in the package. I 
will read one of them, that of Louis Gas- 
pard. 

The General read the affidavit, which 
was as follows: 

State of Louisiana—Parish of Plaquemines. 
Before me, the undersigned, personally 
came and appeared Louis Gaspard, who 
being duly sworn, doth depose and say: 
My name is Louis Gaspard; I reside at 
Pointe a-la-Hache, fourth ward, parish of 
Plaquemines; I was born in this parish and 
have resided here all my life; am about 
fifty-five years of age; my occupation is 
that of laborer, cultivating rice at Pointe-a- 
la-Hache; 1 was duly registered as a voter 
in this parish in 1874, but did aot 
vote at the last election; after the 
election seveaal colored Republican poli¬ 
ticians above Pointe-a la-Hache, at Louis-* 
iana store, threatened to hang me, and 
some of them to burn me, on last Sunday, 
because I did not vote at the last election; 
they cursed me for a damned Democrat, 
and said that was the reason I did not 
vote; my intention was to vote the Demo 
oratic ticket; the real reason why I did not 
vote was because I had lost by registration 
paper. On election day I saw a crowd of 
five or six men around the courtbouee, all 
colored, who were threatening and intimi¬ 
dating the colored voters who came there 
to cast their votes. They said that we 
would be put back into slavery again it we 
voted the Democratic ticket. Theyiniimi- 
dated a large number of colored voters 
and prevented them from voting as they 
desired for the Democratic ticket. I am a 
colored man, and I want to live at peace 
with everybody, white and black, respect¬ 


ing the rights of them, and expecting them 
to respect my rights. his 

LOUIS X GASPARD. 

Witness: mark. 

B. M. Turnbull, 

Pierre B. Dragon. 

Sworn to and subscribed before me this 
seventeenth day of November, 1876. 

FRANCIS S. CARO, 

Fourth Justice of the Peace, Parish of 

Plaquemines. 

General Anderson stated that there were 
3516 voters registered in the parish, and 
tnat there were about 2500 votes cast. The 
population of the parish in 1874 was 2689, 
of which 1920 were colored people and 769 
white. The colored populatioii had been 
increased largely in that parish, owing to ad¬ 
ditional plantations there having increased 
the cultivation of sugar and rice. On the 
consolidated return, he continued, we have 
a vote of 1754 Republican and 712 Demo¬ 
cratic. 

Governor Smith—What is the aggregate 
vote of this year compared with that of last 
year or 1874 ? I ask for information. 

General Anderson—It has increased about 
ten per cent There has been an increase in 
the vote of 145,000 during the last year. 

Governor Smith—The law requires the 
protest to be attached to the papers, does 
it not? 

President Wells—No, sir. 

General Anderson—That was the ruling 
of the congressional committee of last year, 
that it was a matter of equity. They thought 
it should be permitteu to file the protests 
afterward. They reversed the decision of 
the board in some five or six of the parishes, 
but the people have sustained the board 
this year in returning Republicans where 
they returned Republicans in 1874, and the 
committee substituted Democrats. 

President Wells—Take a list of the evi¬ 
dence furnished in the package presented 
by Governor Palmer, Mr. Abell. 

President Wells—We will lay over the 
returns of this parish. 

General Anderson—It is just as well to 
order them to be compiled, and when we 
come to the evidence we can decide whether 
to compile the return or not. That is my 
idea about it to facilitate the work. 

President Wells—There are no returns in 
now but what are contested. We stated to 
the gentlemen we would take up Baton 
Rouge, but it is too late to proceed further. 
We had better adjourn. 


SEVENTH DAY’S SESSION. 


Friday, November 24. 

The board was called to order at half-past 
eleven o’clock by President Wells, all the 
members being present. The committees 
on behalf of the invited guests were as 
follows: Messrs. Stoughton, Hall, Van 

Alen, White and McGrew representing the 
Republican visitors, and Messrs. Trumbull, 
Palmer, Smith and Julian representing the 
Democratic visitors. 


General Anderson—I move the adoption 
of the minutes. 

President Wells—Before approving the 
minutes I will state that we received just 
after the adjournment yesterday the report 
of the supervisor of Natchitoches, in the 
certificate of which he states that the elec¬ 
tors were all placed upon the ballots, and 
that but three of them were tallied. We 
now want to place this upon record before 
the decision in the Natchitoches ease. Will 
you open it, General Anderson? 









24 


Proceedings of the Meturni/ng Board. 


General Anderson opened the paper and 
read as follows: 

State of Louisiana, parish of Natchi¬ 
toches—In accordance with my duty as 
United Spates supervisor for the parish of 
Natchitoches, State of Louisiana, j hereby 
transmit my report. Being stationed at 
ward No. li, in the said parish, and State 
of Louisiana, I aver that we have had a 
quiet and peaceable election; every man 
having an equal chance to oast his suffrage j 
in accordance with the law. At the closing 
of the poll, at the regular hour, there were, 
in all, 719 ballots in the box. After a care¬ 
ful canvass three were thrown out, on ac¬ 
count of being double ballots, or two folded 
together, leaving a balance of 716 ballots in 
the canvass, or to be counted, in which the 
nominees for presidential and vice presi¬ 
dential electors received the same or nearly 
the same vote, to wit: 

For Rutherford B. Hayes 541, for Hayes 
1, William P. Kellogg 541, Burch 541, Shel¬ 
don 542, Marks 542, Levisee 542. Brewster 
542, Joseph 542, Joffrion 542. 

F or President Tilden 171, for Vice Presi¬ 
dent Hendricks 171, for presidential elec¬ 
tors—MoEnery 173, Wickliffe 173, St. Mar¬ 
tin 173, Poche 173, DeBlanc 173, Seay 173, 
Cobb 170 or 173, Cross 173. * 

My reasons for making this report was 
that I thought it was only necessary to can¬ 
vass the electoral votes for the electors at 
large and for the fourth congressional dis¬ 
trict, but as I have been informed that it is 
absolutely necessary to state the whole 
vote given, I take this method of so doing. 

JOHN B. LOUIS, 

United States Supervisor of Elections for 
the parish of Naohitoches. 

President Wells—State the names of the 
commissioners of election. 

General Anderson—W. B. Carr, Green 
Edward, D. W. Hibly. The number of bal¬ 
lots polled was 716, and three were re¬ 
jected. 

Mr. Gauthreaux—I believe there are in 
the parish of Natchitoches three commis¬ 
sioners for every poll; there were ten polls, 
there must, therefore, be at least thirty 
commissioners. Now, we don’t know the 
commissioners at every poll. 

General Anderson—We can very easily 
ascertain who they were by looking at the 
returns again. 

Mr. Gauthreaux — I would like Jthe 
board to suspend action until we have time 
to look into this matter, It is very import¬ 
ant, as there are more than 500 votes in¬ 
volved. 

President Wells—The object of having 
Natchitoches compiled was to get it on the 
record. No action will be taken on it for 
the present. 

Mr. Gauthreaux—Is the compilation to 
be corrected by outside testimony? 

President Wells—As a matter of course, 
this is not outside testimony. It comes di¬ 
rectly from the supervisor of election. It 
was here in due time, but was overlooked 
in canvassing the returns from Natchi¬ 
toches. 

Mr. Gauthereanx—We have here the 
statement of the United States supervisor 


of Madison parish. The question is, upon 
his statement will the returns be varied? 

President Wells—-It depends upon cir¬ 
cumstances, in accordance with the magni¬ 
tude of the question springing up in that 
return 

Colonel Zacharie—Will the board adrnit 
it to deny the return if we can establish 
the fact that the return is incorrect? 

General Anderson—This is not the return 
of the supervisor. It is the return and cer¬ 
tificate of the three commissioners holding 
the election at that poll. 

Colonel Zacharie—Was that statement on 
the return itself when it came here, or was 
it added since? 

General Anderson—I can not say without 
sending after the returns to see. 

President Wells—Colonel Zacharie, will 
you have the kindness to correct that ex¬ 
pression. 

Colonel Zacharie—What expression? 

President Wells—You ask if the date was 
put upon the return after it was received 
here. Now, that implies a good deal. 

Colonel Zacharie—I did not mean to oast 
any reflection upon the board. The records 
are liable to be burglarized and tampered 
with. 

President Wells—We opened the returns 
before you. 

Colonel Zacharie—You did not open it be¬ 
fore me. 

President Wells—I opened it right here 
in public. 

Colonel Zacharie—The question is did it 
appear upon it when it was brought up yes¬ 
terday? 

President Wells—It did not, it was over¬ 
looked. As a matter of course it was filed 
here. 

Colonel Zacharie—Will you allow me one 
further question? 

President Wells—We will have to sus¬ 
pend further discussion on this subject 
until the returns of Natchitoches come up 
for further consideration. 

Colonel Zacharie—Will the board allow 
the testimony to be introduced on the as¬ 
sertion that the ballots were so oast? 

President Wells—The best evidence is the 
ballots themselves. No oral testimony or 
sworn to affidavits will be received. That 
can only be contradicted by the ballots 
themselves. 

Colonel Zacharie—Will the board send 
tor the ballots? 

President Welle—We will. 

General Anderson—I don’t see how we 
can. 

President Wells—We can telegraph for 
them; but it must not delay us. Gentlemen 
will cease any further action in this matter 
this morning until we have the polls before 
us, and the question up for final adjust¬ 
ment. 

Mr. McGloin—It is not in connection with 
this specially that I ask to call the atten¬ 
tion of the board. The controversy which 
arises upon the face of those docnments 
illustrates and gives force to the applica¬ 
tion that we may be present at the opening 
of the returns. We would, therefore, ask 
you to alter your rules and allow one of us 
to be present at the opening of each parish. 





Seventh Day^s Session. 


25 


President Wells—We shall not vary from 
onr rules. 

Mr. Da Ponte, on behalf of a num¬ 
ber of journalists, representing papers 
throughout the country of all views of 
of political opinion, represented to the 
hoard that he was deputed to present to 
the board a communication embodying the 
proceedings of a meeting, which was held 
on the previous evening, by the corres¬ 
pondents, asking that they be admitted to 
the sessions of the board. He stated that 
the action taken by that meeting was un¬ 
der instruction of most of the gentlemen 
whom the correepondents represented, and 
that the correspondents had no other alter¬ 
native than to apply for permission to be 
present at the meetings of the board. He 
asked permission to read the communica¬ 
tion, which was granted him, and then 
asked that some action would be taken 
upon the matter at an early date. 

President Welle—At once. We have vio¬ 
lated, in the courtesy extended to the dis¬ 
tinguished gentleman on the Democratic 
side, our rule in regard to the admission of 
persons not connected with the board— 

General Anderson—And on the Repub¬ 
lican side also. 

President Wells—And granted an addi¬ 
tional privilege to the gentleman that they 
selected to accompany them. That viola¬ 
tion has brought upon us a very scurrilous 
charge made by the gentleman aomitted. 
As one of the many reasons for not violat¬ 
ing the rule again, we must object upon 
that account. We will have the article to 
Which I have referred read. Mr. Green, 
read the article. 

Mr. Green read an article from the Nash¬ 
ville American, taken from a New Orleans 
special, dated November 18, sent to the 
Cincinnati Enquirer, headed “The Scoun¬ 
drels of the Returning Board.’’ 

In the article, among other things charged 
against the diflferent members of the board, 
was that General Anderson had purchased 
for $10,000 a Confederate claim of $150,000 
and put it through the Legislature. 

General Anderson—That is a lie and the 
author of it is a liar. 

Mr. DaPonta was about to answer Presi¬ 
dent Wells, when a disturbance was cre¬ 
ated within the railing of the room. The 
lie was given between some parries there, 
and a scuffle was about to ensue, when offi¬ 
cers stationed in the room seized the party 
and ejected him from the room. 

The occasion attracted the attention of 
every one in the room, and caused Presi¬ 
dent Wells to demand that all should keep 
quiet, or they would be compelled to go 
out. 

Mr. DaPonta then stated that the board 
ought not to hold responsible for the article 
in question the members of the press who 
were seeking admission to the sessions of 
the board. It did not appear that the pub¬ 
lication was made in regard to the action 
of the board. The article was evidently 
written outside by a gentleman possibly 
representing a paper. 

President Wells—The gentleman was ad¬ 
mitted before the board. 

4 


Mr. DaPonta—I was not aware of that. 

I presume that if any gentlemen were ad¬ 
mitted here, the permission would have been 
extended equally to all. 

President Wells—I stated in the outset 
that we had violated our rule, and that 
our violation had caused us abuse. I don’t 
wish you to understand that I thought that 
the corps of correspondents down here for 
the purpose of reporting would write ar¬ 
ticles which would go abroad like this. If 
we open the door to the honorable gentle¬ 
men of the press, we may be giving admit¬ 
tance to some who are corrupt, just as this 
one was, and the gentlemen must excuse us 
when we are attempting to throw around 
us all the protection from calumny we can. 

Judge Trumbull—It is proper for me to 
say, on behalf of those of us who are here, 
that I never saw or heard of the communi¬ 
cation just read until this morning. I re¬ 
gard it as extremely improper, un)ust and 
wrong, and would not, myself, allow any 
person to come in here as a reporter on our 
part, who would be guilty of writing such a 
letter as that. 

President Wells—I am aware of that, sir. 

Judge Trumbull—I never saw it until I 
heard it. read. I don’t know the writer. 
I think the person who wrote it had noth¬ 
ing to do with us, and regret very much 
that any person who has been admitted 
here at our suggestion should have written 
such a communication as that. I would not 
allow anj^ such person to represent us. 

General Smith—You will remember that 
Governor Palmer and myself stated to you 
that we had proposed to overstep the 
bounds of your permission with reference 
to this man, who requested us to ask of you 
the privilege that he might remain here at 
the session of the board. He was the re¬ 
porter of some newspaper in Cincinnati. 
We have said to you that we had no further 
request in that regard. With reference to 
the article, I knew nothing about it. I 
never even heard of it before, except that I 
heard he had written the article in which 
he had reflected upon one of the members 
of the board. I said to him it was wrong 
to do so. I am glad to know that he did 
not take advantage of any courtesy of ours 
to obtain information. He could not have 
obtained the material for his article at the 
board. 

Judge Trumbull—I understand the article 
was written before we came in here. 

General Smith—I don’t know the date 
of the article. 

General Anderson—It is November 18. 

General Smith—We came here on the 
twentieth. We, of course, did not know 
anything about the article. 

President Wells—Of course you did not. 

General Anderson—The man who was the 
author of this slanderous article spoke to 
me upon the subject, and told me he had 
apologized to Mr. Kenner, and hoped that 
that was sufficient. He said he had also 
asserted that I had bought a Confederate 
claim of over $100,000 for $10,000. I told 
him it was a lie to his face, and say it 
again to anybody else who asserts it. I 
paid $50,000 for the claim, and have never 





26 


Proceedings of the Peturning Board. 


realized any money out of it, owing to its 
depreciation. It was an honest claim, and 
had been voted for by all the prominent 
Democrats in the State of Louisiana—by 
John McEnery and by Mr. Eustis, the gen¬ 
tleman who claimed to have been elected 
last winter to the Senate of the United 
States, and I believed it was an honest 
claim myself, and voted for it as 
a Senator. I know the articles re¬ 
ferred to in his communication were 
furnished to the people ot the State of 
Louisiana by Grovernor Allen, who was 
one of the most generous and good men in 
the State. It was not for rebel articles; it 
was for medicines and cotton cards to be 
distributed to the women and children 
throughout the State. Judge Elam voted 
for the bill. There were plenty of others; 
over fifty Democrats voted for the bill. If 
it had not been an honest bill I would not 
have voted for it. If it had not been a bill 
covered by law I would not have bought it. 

I was not the author of the law; I had 
nothing to do with it. It was some six or 
eight months after the law was passed. I 
found the claim was covered by the law, 
and a gentleman met me and offered 
to sell it to me, and I purchased 
part of it from one man and part 
of it from another. I bought $100,- 
000 of the claim from one gentleman 
and $30,000 from another. The $30,000 
part cost me $10,000 and the $120,000 
cost me $40,000. The bonds were after¬ 
ward scaled down to fifty cents on the 
dollar. I sold them for fifty-one or fifty- 
two cents. They were sold by the bank 
from which I borrowed the money to buy 
the claim, all of which can be proved. 
There are plenty of gentlemen here who 
were Confederates like myselt. They know 
that the articles for which this claim was 
originally put upon the market were to 
distribute gratuitously medicine to the 
women and children of Louisiana. I state 
further that the poor unfortunate man who 
invested his gold and brought the articles 
into the country never got it back. All he 
ever got back was what I paid him—$40,000. 

Colonel Zaoharie presented a communi¬ 
cation with reference to the filling of the 
vacancy in the board, and obtaining addi¬ 
tional clerical force. 

President Wells—A similar application 
was made on yesterday, and the board de¬ 
cided that the clerical force was filled, and 
that the board had not agreed upon Dr. 
Kennedy, and it was likely it would not. 
When we find it necessary to increase the 
force, we will let you know. 

General Anderson—I have an application 
from a gentleman; I don't know his poli¬ 
tics; but I would be very glad to see him in 
the position of a clerk to the board, if there 
were a vacancy. 

Mr. McGloin presented a communication 
desiring to know the intentions of the 
board with reference to modifying certain 
rules adopted by the board. 

President Wells—The intention of the 
board is to adhere to its ruling. 

Mr. McGloin also presented a protest on 
behalf of the citizens of the State of Louisi¬ 


ana against the course adopted by the 
board. 

Also a protest on behalf of candidates 
against the course of the board announcing 
only the electoral and gubernatorial votes 
of the various polls and then sending the 
returns to the clerks lo be compiled outside 
of the presence ot the board. The clerks 
were all Republicans, and the Democrats 
had no means of detecting fraudulent tabu¬ 
lation. 

Mr. McGloin—What action will your 
honorable board take on that application ? 

President Wells—Have you anything fur¬ 
ther? 

Mr. McGloin—Nothing, except that we 
ask for the admission of three reputable 
persons to represent our candidates in the 
room in which this tabulation is progressing. 

President Wells—We have sufiioient force 
there to attend to it. 

Judge Spofford—May I ask the board to 
fix a day for taking up East Baton Rouge. 

President Wells—We will fix upon Mon¬ 
day for the hearing of Baton Rouge, taking 
up something between now and then. 

Judge Spofford—But preliminary to that 
is the opening of the returns in our absence. 

President Wells—Yes, sir. 

Governor Wickliffe—4re there any re¬ 
turns from Lafayette in? I understand that 
they are not. Will you take take some 
means to compel them to be made? 

President Wells—Will the gentleman 
point out what ought to be our action? We 
have no law in relation to the subject. We 
can not enforce a man who is instructed to 
make his returns here. We must abide 
his own discretion in the matter. 

Governor Wickliffe—It seems to me the 
discretionary power in this board to per¬ 
form its duty, will compel the board to 
compel the supervisor to make his return. 
He is here. 

President Wells—If he is here, we will 
notify him to bring his returns in. 

Governor Wickliffe—By means of the 
courts it can be done, and under the act of 
Congress it can be done. 

Judge Spofford—Otherwise, it will be in 
the power of the supervisors to defeat the 
will of the people. 

General Anderson—I can state that the 
gentleman from Lafayette has no intention 
of withholding the returns. He has gone 
up the river. He has been telegraphed for 
and is expected here this evening. I told 
him that I would be glad to send him the 
returns from that parish, as it is in my dis¬ 
trict. I know that I am defeated; but if 
I were returned by the board I would not 
have the seat. 

Governor Wickliffe—I hope the honor¬ 
able gentleman does not attribute to me the 
intention ot meaning anything of that sort. 

General Anderson—Several gentlemen 
have told me that in the parish of Lafayette 
there were frauds committed and intimida¬ 
tion, and that some forty or fifty men who 
wished to vote for me did not dare to do so. 

Mr. McGloin—There is a solution of the 
difficulty to be found in the second section 
of the statute, which provides for the bring¬ 
ing of persons and papers before you. 1 







Seventh Dayh Session, 


27 


therefore move you that you exercise that 
power. 

President Wells—Is not that where there 
is a oontest? 

Mr. MoGloin—There is a full authoriza¬ 
tion in all oases to send for papers. I ask 
you to examine the section, and if you find 
that you have the power to send for the 
papers, that you will send for them to be 
present to-morrow. V 

President Wells—We will examine the 
order. 

Judge Spofford—Are the returns from 
Morehouse in? 

Mr. Green—They have not been received. 

Judge Spofford—Will the board take ac¬ 
tion to have them brought in? 

President Wells—At once. 

Judge Spofford—Will you assign a person 
to go for them now ? 

President Wells—Yes, sir. 

Judge Spofford—I desire to know whether 
there are any contests in the parishes of 
Sabine and Winn ? 

General Anderson—I see a list of the par¬ 
ishes in which there are contests, and 
Winn and Sabine are not in it. 

Judge Spofford—Have the papers been 
opened ? 

General Anderson—No, sir. 

Mr. MoGloin—Will you give a copy of the 
parishes to us ? 

General Anderson—I will have that made 
for you. 

Mr. Barksdale—I would ask whether the 
returns from Lincoln and Claiborne par¬ 
ishes are in? 

General Anderson—The parish of Lincoln 
is here. 

Mr. Barksdale—Are there any contests as 
to those parishes? 

General Anderson—I don’t see any notice 
from Claiborne, but there was a contest in 
Lincoln. 

Colonel Zacharie—I am asked by a can 
didate whether the board where super¬ 
visors contumationsly refuse to make their 
returns and we are enabled to point out to 
the board where those returns are, will the 
board send an officer or some other person 
from this board with a party whom we may 
select to point out to him where they are in 
order that we may get them? 

President Wells—Why, sir, there might 
be returns at places where you are informed 
the returns are that are not genuine. We 
can take no notice of anything not returned 
here. 

Colonel Zacharie—If the supervisors cou- 
tumaciously refuse to make returns here 
will the board admit certified copies of du¬ 
plicates which have been filed with the 
clerk of the district. 

President Wells—We can take nothing 
except from the supervisors. The law pro¬ 
vides especially that they shall make these 
returns. 

Colonel Zacharie—The law provides, also, 
for the lodging of these duplicates with the 
clerks of the court of the districts, for the 
very' purpose of providing for the loss or 
destruction of the returns. Now, when a 
supervisor contumaciously refuses, are the 
people of that parish to lose the whole re¬ 


sult of the election, or will the board take 
the returns from the clerk of the court? 

President Wells—The criminal should be 
brought before the court, I think, and 
punished for disobedience. 

General Anderson—I would suggest that 
we send an officer for the returns. 

President Wells—We will do that. We 
have already said that we would do that. 
Dispatch an officer for those parties; but 
as to taking copies, we can nob do that. 

Colonel Zacharie—We had asked not that 
copies should be received, but the dupli¬ 
cate registry made at the time the boxes 
were signed by the commissioners that 
signed the returns. 

President Wells—We will take them un¬ 
der consideration. We will now go into 
executive session. 

The returns from the parish of St. Mar¬ 
tin, consisting of consolidated statements 
of votes and tally sheets, were then brought 
in, signed by O. Delahoussaye, supervisor 
of registration, and opened by General An¬ 
derson. 

President Wells—How many polling 
places are there in the parish? 

General Anderson—I will tell you in a 
minute. 

General Smith—I see there are seven 
bundles there. 

General Anderson—There are no remarks. 
Sworn to by O. Delahoussaye, Jr., super¬ 
visor of registration, before Alcee Veazie, 
clerk of the Fourth Judicial District, of 
St. Martin. Did I understand you to say, 
Mr. President, that there was a protest? 

President Wells—No, sir. If there was it 
would be but a trifie. 

'^i r. Green—Here is a protest. 

President Wells—Who filed it? 

Mr. Green—F. C. Zacherie. 

President Wells—Read it—F. C. Zacha- 
rie’s protest. 

The protest was then read. 

President Wells—Count the votes. 

General Anderson— 


Kellogg. 


McEnery. 


Burcli. 


Wickliffe. 


Joseph. 


St. Martin. 


Sheldon. 


Poche. 


Marks. 


Be Blanc. 


Levisee. 

.1099 

Seay. 


Brewster. 


Cobh. 


Jof&oin. 

.1098 

Gross. 



For Governor—Kellogg, 1090; Nicholls, 
1032. 

General Anderson—It appears to be ail 
right. Everything is in form. Colonel 
Zacharie’s protest does not apply to this at 
all. It is in general terms. There is 
nothing here. 

President Wells—Better compare one or 
two of the tally sheets. Select any one of 
them. 

At this juncture a person was seen stand¬ 
ing in the room of the board, outside the 
railing, apparently very busy taking notes. 
President Wells, noticing him, called out 
to him, “You are not rightfully in here.” 

The mistake was made apparent by some 
one informing President Wells that the 
gentleman who was so busily taking notes, 
apparently, was a photographer for some 
illustrated paper, who was making a pic¬ 
ture of the board while it was in session. 






















28 


Proceedings of the Returning Board, 


thereupon President Wells asked the gen¬ 
tleman’s pardon. 

Polls Nos. 1 and 5 were compared with the 
consolidated statement. 

President Wells—Is everything in form? 

General Anderson—Yes, sir. 

President Wells—Let it go to the clerk 
for compilation. The returns from East 
Baton Rouge were then brought in. 

General Anderson—There is something 
about St. Martin that was addressed to the 
board. 

President Wells examined it and passed 
it over to General Anderson. 

General Anderson—Read the superscrip¬ 
tion: “To the Hon. J. Madison Wells, 
President, and Returning Officers of New 
Orleans.” 

General Anderson opened the package 
and said that there seemed to be some polls 
passed over. The vote is only returned 
from seven polls. 

General Anderson then continued: The 
consolidated statement of votes of the par¬ 
ish of East Baton Rouge, P. A. Clover, su¬ 
pervisor of registration, East Baton Rouge; 
sworn to on the eleventh of November, 
1876, before Felix Berhel, clerk of the 
court. Here are the remarks: 

The illegal, informal and void pretended 
statements of votes, written record, tally 
sheets, etc., brought to me from the follow¬ 
ing named and designated polling places of 
this parish, to wit: 

Poll No. 1, ward No. 1, the poll estab¬ 
lished in the third ward, the poll estab 
lished in the fourth ward, the poll estab¬ 
lished in the fifth ward, the poll established 
in the sixth ward, the poll established in 
the seventh ward, the poll established in 
the eleventh ward, are not included in the 
foregoing consolidated statement, and I 
hereby file and make part of this statement 
my earnest protest against the documents 
purporting to be statement of votes, written 
records, tally sheets, etc, being made in 
any way a part of the returns of the elec¬ 
tion of the parish of East Baton Rouge, 
for the following reasons: 

At poll No 1, ward No. 2, the commis¬ 
sioners of election regularly, legally ap¬ 
pointed and qualified, were not permitted 
to perform their duties, but were ejected 
from the polling place, and no legal or 
valid documents have been received from 
that poll by me. 

At the poll in the third ward no written 
record was received. The commissioners 
of election have failed and refused to swear 
to the correctness of the documents trans¬ 
mitted. 

At the poll established in the fourth ward 
all the original papers were sealed up in 
the ballot box, and what purported to be 
copies thereof were brought to me. 

At the poll in the fifth ward, one of the 
commissioners of election will not qualify 
to the correctness of the documents so pre¬ 
sented, and the other two certify that the 
pretended statements of votes, tally 
sheets, etc., were compiled and made out 
from informal tally sheets, statements of 
votes, etc. 

At the poll in the sixth ward all the 
original documents used in making the 


count, consisting of written records, tally 
sheets, poll book or list, were sealed up in 
the ballot box. The commissioners will 
not qualify to the correctness of any other 
papers. 

At the poll in the seventh ward the state¬ 
ment of votes are incorrectly and inform¬ 
ally made out, and the tally sheet does not 
show the offices for which the candidates 
were voted for in many oases, nor are the 
totals carried out. 

At the poll in the eleventh ward no writ¬ 
ten record of voters or of persons voting 
has been received, and the commissioners 
have refused to qualify to the correctness 
of the pretended written record forwarded. 

Inclosed please find testimony upon which 
the foregoing protest is predicated, and 
which is hereby made part of my sworn 
statement, and affixed as the law requires. 

Other testimony will be furnished if re¬ 
quested. 

F. A. CLOVER, 

Supervisor of Registration Parish of East 

~ Baton Rouge. 

The foregoing is a correct o^y of the 
statement of the supervisor of East Baton 
Rouge on the consolidated statements of 
votes of said parish. 

New Orleans, November 24, 1876. 

CHARLES S. ABELL, 
Secretary Returning Board. 

General Anderson — The consolidated 
statement of votes contains the aggregate 
and true statement of votes oast at polls 
Nos. 2, 3, 4, 10,11, 12 and 14, as the same 
appears from the duplicate statements now 
on file in my office. In order to make the 
polling places which are assigned in the 
parish of East Baton Rouge at the general 
election, November 7, conform to the num¬ 
bers on the consolidated statement of votes, 
the supervisor has given poll No. 2 of 
ward one of the parish to ward two 
on the consolidated statement. Poll 
No. 1, ward two, has number three; 
poll No. 2, ward two, has number four; 
poll No. 1 has number ten on the consoli¬ 
dated statement; poll No. 1, ward nine, has 
eleven on the consolidated statement; poll 
No. 1, ward ten, has twelve on the consoli¬ 
dated statement, and poll No. 1, ward 
twelve, has fourteen on the consolidated 
statement. Is it necessary to read all this 
evidence? 

President Wells—Yes, sir, it is very nec¬ 
essary. We want to see the nature of the 
contest, and notify the gentlemen on the 
opposite side of the nature of the contest, 
to furnish them a statement of the protest. 

General Anderson—It will take us all 
day to read all this evidence. 

President Wells—We want to see it and 
examine it. 

General Anderson—Document one is the 
testimony of the commissioners, document 
two is the testimony of various citizens, and 
document three is the testimony of the 
United Statss marshals. Here is another 
paper signed before F. A. Woolfley-, com¬ 
missioner of the United States Circuit 
Court, J. B. Collins, James Caspard and 
Louis Morgan. Do you desire it read ? 

President Wells—No, sir. Yon had bet- 





Seventh Day's Session. 


29 


ter detach it for the moment, and ask the 
gentlemen of the opposite side to come in 
and examine it. 

General Anderson (to the committee)— 
Gentlemen, if any ,of you wish to read the 
papers they are at your service. 

General Smith—It will take some time to 
read those papers. 

General Anderson—I suppose I might read 
this paper attached to the return. They 
all came in the return. 

President Wells—Yes, sir. 

General Anderson—If the gentlemen de¬ 
sire to read it. 

President Wells—The object in not read¬ 
ing it is to save time. Let the gentlemen 
representing the opposite of that report 
come in here and examine it, and they will 
then know exactly what the grounds of the 
contest are. 

Senator Sherman—If I understand the 
matter, these papers are now subject to 
our inspection. 

President Wells—Yes, sir. 

Senator Sherman—I would suggest, then, 
if agreeable, that one number be handed to 
each of the gentlemen who sit around the 
table, to examine the papers carefully, and, 
then, let us have an opportunity to examine 
them. 

General Smith—There are four different 
papers. 

Presidenc Wells—You can have them. I 
want to suggest that the gentlemen take 
the papers to their seats and examine them, 
and then we can proceed to the Count of 
other parishes. 

General Smith—It would be hardly worth 
while for us to examine these papers, but 
those parties who are interested know bet¬ 
ter about the matter than we do. 

Mr. Hale—What will be the course of the 
board with reference to hearing the testi¬ 
mony from this parish? Will anything be 
done till Monday] 

President Wells—Nothing. 

Mr. Hale—In the meantime all parties 
desiring to inspect the papers may come 
here and inspect them to their own satisfac¬ 
tion. 

President Wells—Yes, sir. 

Mr. Hale—But the papers will not be 
taken away by anybody? 

President Wells—No, sir. 

General Anderson—Bett r send for the 
counsel on the opposite side. Governor. 

President Wells—How many? Theie are 
so many counsel. 

Mr. Harris—It is not for me to answer. 

President Wells—Messrs. Wickliffe and 
MoEnery may come in. 

Mr. Harris—If you will state the number 
it will be agreeable to me. 

President Wells—About three. 

General Anderson—The live gentlemen 
appointed by the Democratic Central Ex¬ 
ecutive Committee, would not they be the 
proper ones? 

President Wells—That would be too 
many. 

General Anderson—Oh, let them all come. 

President Wells—Let them come—those 
five. 

Mr. Harris—And Governor Wickliffe? 


Governor Wells—Yes, sir. 

General Anderson—And Mr. Burch asked 
to be present; can he come in also? 

President Wells—Yes, sir; I received a 
letter from him on the subject a moment 
ago. 

Mr. Burch coming into the room, Presi¬ 
dent Wells said: Mr. Burch, we have fixed 
your parish, East Baton Rouge, for Mon¬ 
day. I have notified the opposite side that 
they can examine the papers and prepare 
their case for Monday. We sent for you to 
examine the papers and to prepare your 
side of the question; take a seat, sir. 

Mr. Burch—I will be admitted on Mon¬ 
day? 

President Wells—Yes, sir; the same right 
is extended to you as to the others. 

General Anderson—We should take some 
other parish and let them examine the 
papers. 

Mr. Hale—If you gentlemen do so we 
will not get through. Better notify coun¬ 
sel that several oases will be set for Mon¬ 
day. 

General Anderson—Governor, we would 
better take up some other parish and let 
these gentlemen examine the papers in this 
one. 

General Smith—What is the aggregate 
vote of the parish as appears by the con¬ 
solidated statement? 

General Anderson — 


Kellogg.|.. 


McEnery. 


Bucrh. 


Wickliffe. 


Joseph. 

.1476 

St. Martin. 


Sheldon. 

.1476 

Poche.. 


Marks. 


Dh Blanc.. 


Levisee. 

.1476 

Seay.. 


Brewster. 


Cobb.. 


Joffroiu. 


Cross. 



The counsel for the contestants, consisting 
of Messrs. Burke, Cavanao, McGloin, Zach- 
arie and Brown, accompanied also by Gov¬ 
ernor Wickliffe, here came into the room of 
the board, and were given seats by Presi¬ 
dent Wells at tables specially provided for 
them. 

President Wells—The returns from the 
parish of East Baton Rouge are in the 
hands of the gentlemen on both sides. As 
soon as they have examined them they will 
be laid before you. 

Colonel Zaoharie—Have you the protest 
itself? 

Judge Trumbull—That is in the hands of 
Mr. Hale. 

General Smith—Do these papers, the affi¬ 
davits, accompany that sealed package ? 

General Anderson—Yes, sir; they were 
on the inside, sealed up with the consoli- 
idated statement. 

General Smith—When were they re¬ 
ceived ? 

President Wells—The receipt book will 
show. 

The receipt book was produced, and it 
was shown that the papers were received 
on the twenty-third of November. 

Colonel Zaoharie—Mr. Chairman, the 
record is so voluminous, and the time so 
precious, it will be necessary to set five or 
six clerks to work on the affidavits. Un¬ 
less you allow us to withdraw them, which 
I suppose you will not do, it will be nec- 





















30 


Proceedings of the Peturning Board. 


essary for us to take them into another 
room, where we may copy them, but you 
can send somebody in charge of them. 

President Wells—You can have a room, 
but the papers must be under our control. 
We must manage that force; you may have 
just as many as you please, twenty if you 
desire it. 

Colonel Zacharie—These polls that are 
rejected by the supervisor, are they sent 
here ? 

General Anderson—No, sir; they are all 
here; there are seven of them. 

Colonel Zacharie—There are but four of 
them. 

The returns for the parish of Iberia were 
then brought forward and opened by Mr. 
Kenner. 

There were two packages containing the 
consolidated statements and the tally 
sheets. 

President Wells—Is that the consolidated 
statement you have, General Anderson? 

General Anderson—Yes, sir. 

President Wells—Then here is a duplicate, 
I suppose. Proceed with the parish. 

Judge Trumbull—Is that contested? 

Mr. Burke—Notice was given the other 
day. 

General Anderson—The protest is general 
with reference to the electors. 

President Wells—There has been a gen¬ 
eral protest in regard to the electors, but 
open and examine it. We find that Colonel 
Zacharie is incorrect in some instances, and 
in some correct, and we are going on with 
this, and if Zacharie is correct in his 
protest we notice it, if not, why we go right 
on. The points raised by Colonel Zacharie 
are these, that a portion of the electors 
have been voted for and a portion not; and 
he opposes the counting of those that have 
not been voted for, as he supposes. If, up¬ 
on opening the papers, we find that all the 
electors have been voted for, we turn the 
papers over to a clerical force for compila¬ 
tion. 

General Andeison—Governor, when they 
are not, then we reserve them, and they are 
not counted. 

General Smith—Suppose it was true that 
in any one of the parishes, although they 
were returned there, that it was a mistake, 
that they were not voted for, what would 
be the result? 

President Wells—We would investigate 
the matter. 

General Anderson—We won’t count it. 

Mr. Burke—With reference to Iberia, we 
claim that the returns don’t show the votes 
cast. What course would we have to take 
to verify the returns? 

President Wells— We would have to send 
for the polls. The board has ruled the re¬ 
turns are the prima facie evidence until we 
are in the possession of the ballots, which 
will sho w the spirit and intention of the 
voters. 

Mr. Burke—That is entirely satisfactory. 

General Anderson—We have taken the 
trouble to go back and compare the tally 
sheets with the consolidated returns to see 
that the names of all the electors are on 
the tally sheets and tallied. 


Mr. Burke—All we ask is that you send 
for the polls in Iberia. 

President Wells—What remarks are there 
in the consolidated statement? 

General Anderson—This consolidated 
statement is sworn to by P. A. Veasie, su¬ 
pervisor, before E. H. Riddell, clerk of the 
court of Iberia. The remarks are at poll 
No. 4, third ward. The commissioners neg¬ 
lected to mark or write upon the certifi¬ 
cates of registration the word “Voted,” as 
required by law, upon tne certificates of 
persons who voted at the polls. He seems 
to have had the idea that they could go to 
some other poll and vole again. Of course, 
if they do, they incur the legal penalty. 
The aggregate vote is as follows: 

Kellogg.1452 McEnery.1247 

B urch.1452 Wickliffe.1247 

Joseph..1452 St. Martin..1247 

Sheldon.1452 Poche.1247 

Marks.1453 De Blanc.1247 

Levisee.1452 Seay...1246 

Brewster.1452 Cobb...1247 

Joffroin....1452 Cross.1247 

For Governor—Packard, 1449; Nicholls, 

1253. 

President Wells—Compare some of the 
polls with the consolidated statement. 

General Anderson—Take poll No. 4. Kel¬ 
logg gets 11 votes; Burch 11, and the bal¬ 
ance 11. The McEnery electors each get 
322 votes; Nicholls, for Governor, gets 
322; Packard 11. 

Mr. Kenner—The statement says that the 
commissioners of election at this poll did 
not comply with the law; they failed to 
write the word “voted” on the certificates 
of registration of persons who voted at said 
poll. 

General Anderson—That is the largest 
Democratic poll; now let us take tbe largest 
Republican, which is poll No. 1. It gives 
377 votes for Packard, and 177 for Nicholls. 
McEnery receives 176 votes, as do all the 
balance of the ticket. 

Mr. Burke—Is there anything improper, 
Mr. Chairman, in my calling attention to 
the fact that the tally sheets are not sworn 
to? 

President Wells—If they corroborate the 
compiled statements and that testified to by 
the ofi&oer authorized, it ia sufficient evi¬ 
dence. 

Mr. McGloin—Mr. President, we are 
copying a protest of the supervisor of the 
parish of Baton Rouge in order to com¬ 
municate with him by mail. The secretary 
has just taken the protest in the back room. 
Will you send for it? 

The president left the board and went in 
search of the protest himself. 

General Anderson—The parish of Iberia 
is ready for compilation. 

President Wells—Send it over to the 
clerks. 

Judge Spofford—Will you hear me on a 
motion on the opening of the parish of Baton 
Rouge? 

President Wells—I don’t think a motion 
is now in order. We have laid that over 
until Monday. 

Judge Spofford—It is something for the 
board’s own information—all that it will be 
necessary for it to have, and which ought 
to be sent for at once, if at all. 






















Seventh Bay's Session, 


31 


President Wells—Read the motion. 

Judge Spoiford then read his motion, 
which was that the board order the box of 
the parish of Baton Rouge to be sent 
for at once, in order that it might be opened 
and examined, and if the board found that 
the return be correct-, that it be tiled. 

President Wells—Pile your motion. 

Judge Spofford—We would like to get the 
order before adiournment. You will then 
act upon it before ariiournmeni? 

President Wells—Yes, sir, at once. We 
will send for the box at once. 

The returns from St Tammany were then 
brought in. They were in two packages, 
the consolidated statements and tally 
sheets, not signed on the outside. 

General Anderson—Is there any protest 
for St. Tammany? 

Mr. Green—Yes, sir. 

President Wells—Read the protest. Gen¬ 
eral. 

General Anderson then read the protest, 
which was made by W. P. Kellogg, L. A. 
Sheldon, of the parish of Orleans, and 
Morris Marks and others, in which it was 
stated that there was not a free, fair and 
peaceable election in Bienville, Claiborne, 
St. Tammany and other parishes; that in 
the said parishes there have been intimida¬ 
tion and threats which prevented a fair 
election, and in many of said parishes, St. 
Tammany and others, there were riots, 
tumults and violence, iutimidation, dis¬ 
turbances, bribery and corrupt in¬ 
fluences, murders and assassination which 
prevented or tended to prevent a free, 
tair and peaceable election at the respective 
wards in the parishes; that the acts afore¬ 
said existed at and near the aforesaid polls 
during and subsequent to the registration; 
that the supervisors of eleodon, both on be¬ 
half of the Stale and the United States, as 
well as of the commissioners of election, 
were and are in many instances so com¬ 
pletely intimidated that many of them dare 
not submit a statement of those acts which 
prevented or tended to prevent a fair and 
peaceable election, for fear that they might 
lose their lives; that the witnesses to the 
acts of violence, etc., are and have been so 
terrified that they would not voluntarily 


come forward and make oath to the acts of 
violence which prevented a peaceable elec¬ 
tion, whereby the free expression of the 
popular will of the people has been illegal¬ 
ly suppressed by acts of lawless men, who 
not only drove peaceable citizens from the 
polls by intimidation and bloodshed, but 
even compelled many to vote against their 
will, all of which will fully appear by due 
proof before the board. They can estab¬ 
lish clearly that tuey have been elected as 
electors, whereby they pray that the board 
will grant them an equitable hearing, and 
that they be returned as electors. 

Governor Palmer—Who is that that pro 
tests? 

General Anderson—It is in behalf of the 
Hayes and Wheeler electors. This is for 
hearing under the provision of the law. 

President Wells—Lay that over. 

General Smith—What is the aggregate 
vote? 

General Anderson—Kellogg 581, and Mc- 
Enery 649. 

General Smith—Can you tell the aggre¬ 
gate vote in that parish two years ago? 

Mr. Burke—It was 681 to 581 on the Treas¬ 
urer. 

General Anderson—That is 1182. It is 
1250 this year, against 1182 two years ago. 

Mr. McGloin—Is not that 581 a mistake ? 

General Anderson—It is a mistake. 

Mr. McGloin—The vote we have is 551. 
That would make just 1200 this year in 
the parish, to 1182 two years ago. 

President Weils—Lay this over. General. 

General Anderson—The'vote for Kellogg 
is 551, and Poche 647. 

Mr. McGloin—That corresponds with our 
statement. There was no other document 
that came with these returns excepting the 
protest? 

General Anderson—No, sir. 

President Wells—Bring some other re¬ 
turns. 

General Anderson—I think we had better 
adjourn. I think we have earned our $8 
and prospects 

President Wells—And that reduced down 
to thirty cents on the dollar. 

The Board then adjourned till eleven 
o’clock to-day. 


EIGHTH DAY’S SESSION. 


Saturday, November 525, 1876. 

The board was called to order at half¬ 
past eleven o’clock. All the members of the 
board answered to roll call. 

The minutes were read. 

Present on the part of the Republican 
delegation—Messrs. Stoughton, Kelley, Van 
Aleu. Parker and Wilson; on the part of 
the Democrats—Messrs. Palmer, Trumbull, 
Smith, Bigler and Julian. 

Judge Spofford asked for an addition to 
the minutes for the purpose of placing 
thereon the order of the board, made on 
the previous day, with reference to the 
sending lor the boxes in East Baton Rouge, 
in order that counsel might get at the re¬ 
turns and statement of votes. 


President Wells—That order was not 
made in the morning session. On Monday 
it will be read. 

President Wells then asked if there were 
any further motions. 

Colonel Zaoharie was about to present a 
motion when the president interrupted him 
by eayiog: I will state, gentlemen, before 
we commence, that we must dispense with 
the reading of any protest or motion here¬ 
after before the board. We must bring all 
the evidence, if it is possible to do so, to a 
close during the early part of next week, or 
we shall not be able to get through with our 
deliberations. We must have some time to 
deliberate, and you will pardon me, when I 
ask you, as a favor, to suspend reading any 









32 


Proceedings of the Beturning Board. 


document which you may want to place be¬ 
fore the board, until the subject matter of 
the document arises in any disputed portion 
of a parish, or in any parish. Therefore, 
Mr. Zacharie, will you have the kindness 
to confine yourself to this order? 

Colonel Zacharie—Yes, sir 

Colonel Zacharie then asked the board 
whether or not they had finally decided 
that they would not appoint on the board 
a gentleman whom the Democratic Execu¬ 
tive Committee had suggested. 

President Wells—The board has never 
taken any action with regard to not filling 
the vacancy. 

Colonel Zacharie—Has the board passed 
upon any of the applications we have made 
to have the vacancy filled. 

President Wells—There has been but one 
application before the board. 

Colonel Zacharie—I have presented two 
or three letters on the subject. I presented 
two letters to the board aud filed another. 

President Wells—You may not compre¬ 
hend me. There has been but one applica¬ 
tion. There have been several renewals 
of it. 

Colonel Zacharie—I would ask if the 
board will take into consideration the fill¬ 
ing of that vacancy, or it they have come to 
the final consideration of the application. 

President Wells—I have just said that it 
has not, because it has never had under de¬ 
liberation the idea that the position was 
not to be filled. But the board diflters in 
regard to the gentleman you have proposed. 
I will go further, and state that you gentle¬ 
men of the opposite side brought upon us 
this difficulty. We had a Republican on 
the board and he resigned, and then a Dem¬ 
ocratic Legislature filled the vacancy with 
a Democrat, and that Democrat resigned. 
Speaking individually, I don’t think you 
have any claim, therefore, to representa¬ 
tion; that you have forfeited it by resigna¬ 
tion. 

Colonel Zacharie—The last question I 
asked was whether the board will fill the 
vacancy? 

President Wells—We shall try and agree 
upon any individual that may be suggested. 

Colonel Zacharie—I brought before the 
board yesterday the fact that the returns 
of Morehouse have been in the city, and 
we understood then that the board would 
direct a person to go with Mr. Burke in or¬ 
der to get the returns. The person indi¬ 
cated refuses to go and get them on the 
ground that he was instructed by the 
board not to take the returns unless the 
supervisor was there and would come with 
him. 

President Wells—Before the application, 
and the preliminary remarks in regard to it, 
I stated that we had no right to take 
the papers from anybody; that we might 
commit a wrong and injustice, but we 
would send and get the parties themselves 
with the papers before the board. Now, 
if you will construe it that we had ordered 
separate action to this, I will say you mis¬ 
understood me. 

Colonel Zacharie—We so construed it. 
1 will produce an affidavit to the effect that 
the returns of the parish of Franklin have 


been lying in the Southern Express office 
in this city for some ten days, addressed to 
the Hon. Michael Hahn, State Supervisor 
and Registrar, and refuses to receive 
them, though I am informed that he re¬ 
ceived and ielivered several packages 
here. We will produce an affidavit to that 
effect. I will ask the board to take steps to 
possess themselves of these returns. 

President Wells—What reasons have 
been assigned by Governor Hahn for not 
getting them ? 

Colonel Zacharie—He refuses to pay the 
charges. I am told that they should have 
been addressed to the Returning Board. 

President Wells—I will state that we 
have no funds with which to defray the ex¬ 
penses of the board; that the Democratic 
Legislature, in its last session, refused to 
give us anything whatever to pay our per 
diem. Hence, how are we to get the re¬ 
turns? We have not the means. We are 
unwilling to risk our means for the public 
when we have no assurance that they will 
be paid back, and if they do come back 
it will only be at the rate of thirty cents on 
the dollar. 

Colonel Zacharie—That is obviated by 
saying that we will defray the expenses, 
whatever the charges may be. 

Governor Wiokliffe—I will stand the ex¬ 
pense of getting those returns; it will only 
be seventy-five cents. 

President Wells—Thank you. Governor. 
We will give the order to the clerk to get 
them, if you will furnish him with the 
money. 

Colonel Zacharie—I have one more ques¬ 
tion, and that is, has the board reached any 
conclusion on our motion in regard to the 
production of the duplicates which are on 
file with the clerk of the parish, where the 
supervisor has not sent up the returns. 

President Wells—No, sir. 

Colonel Zacharie—This is an important 
question, because it comes up in the case of 
Baton Rouge. Wo would respectfully ask 
the board to consider that matter and give 
us at as early a date as possible their de¬ 
cision, for it must govern our defense in the 
Baton Rouge cases. 

President Wells—We will take the mat¬ 
ter under consideration. 

Colonel Zacharie—Will the board be able 
to answer to-day? 

President Wells—Not before Monday. 

Colonel Zacharie—Then you will grant 
delay in order to the production of the 
boxes from Baton Rouge. We understood 
that the order would issue. Has the order 
been complied with so that they will be 
here by next Monday? 

President Wells—The order will be com¬ 
plied with this afternoon. 

Colonel Zacharie—There will be no op¬ 
portunity of these reaching here within 
two or three days, unless the boat is down 
in the morning from Baton Rouge, or pos¬ 
sibly to-night. 

President Wells—We will send a dispatch 
immediately, then. 

Mr. McGloin—In relation to the parish of 
East Baton Rouge the committee will now 
present cross-interrogatories. We will pre¬ 
sent them this morning if we can get them. 




Mghth Day^s Session. 


33 


I understand the ruling to be that the' 
affidavits and the supervisor’s statement 
are prima facie evidence. We desire the 
privilege of cross-examining the supervisor 
and the three witnesses whose affidavits 
are annexed. We ask the privilege of filing 
cross-interrogatories, and that the witnesses 
who have corroborated the statement be here 
on Monday and answer our interrogatories. 
The affidavits were prepared here in New 
Orleans. Some of the witnesses testified 
they were afraid to go back to Baton 
Rouge. At all events we would like that 
privilege be accorded to us, and we may 
serve a copy on one of the electors. Of 
course the gentlemen will produce them 
here. The point I wish to make is whether 
the board will allow us the privilege of fil¬ 
ing cross-interrogatories, having the super¬ 
visors who are witnesses to answer them. 

President Weils—You have; but bear in 
mind that the progress of counting the vote 
must not be impeded or fettered under any 
consideration, and you must use all due 
diligence to get the witnesses here. When 
you have filed this cross-examination, aid 
the board in having the witnesses brought 
here. 

Mr. McGrloin—We will do the best we 
can. 

Mr. McGloin—In relation to another 
thing in connection with the pariah of East 
Baton Rouge, I desire to say that there are 
in the hands of the board the statement of 
the supervisor, constituting a protest under 
the law, with the three corroborating wit¬ 
nesses. There are some fifteen or twenty 
ex parte affidavits in possession of the 
board, but we do not know the manner in 
which they reached here. We would like 
to know if they are to be considered, be¬ 
cause, if they are to be considered, it is 
necessary for us to try and cross-examine 
these parties, or else it is necessary to call 
our witnesses in relation to the facts which 
are set forth in these affidavits. 

President Wells—The board will notice 
all the evidence brought before it. 

Judge Spoft'ord—On both sides? 

President Wells—On both sides. 

Mr. McGloin—I desire to address the 
board on another question. These ex parte 
affidavits that are produced in these differ¬ 
ent bundles will have no greater weight 
attached to them than to oars? 

President Wells—As a matter of course, 
not. 

Mr. McGloin—Another thing, as I pre¬ 
sume this is the time. We wish to file an 
exception to the protest which the super¬ 
visor filed, upon various grounds. We will 
not state them now. 

President Wells—Place them on file, all 
your documents, and let us be done with 
this constant waste of time. 

Mr. McGloin—Another point. 

President Wells—Have you a protest to 
file? 

Mr. McGloin—Yes, sir; I will tender both. 

President Wells—Accompanying the re¬ 
marks that you are going to make? 

Mr. McGloin—Yes, sir. 

President Wells—Pile the papers, and let 
ns have as little remarks as possible. 


Mr. McGloin—I will try and comply with 
the desire of the board. 

President Wells—My object is not to 
waste time in hearing lawyers. I have a 
perfect abhorrence of lawyers in their 
discussions upon their technicalities, and I 
want to abridge it as much as possible. 

Mr. McGloin—But it is not connected 
with the protest. Some of the large Repub¬ 
lican parishes are not yefi in, and I would 
like to know if we can file our evidence 
when the papers are opened? 

President Wells—My dear sir, I have re¬ 
iterated that twenty times, that whenever 
the papers are opened you shall have the 
privilege of filing your evidence. 

Mr. McGloin—I understand that. 

President Wells—Then why do we go 
over these grounds so much. If it is for the 
consumption of time, I must insist upon the 
gentlemen filing all their motions at once 
and let us proceed to the count. 

Mr. McGloin—I hope you won’t consider 
me headstrong. I feel apprehensive that I 
shall exhaust your patience, but I want to 
know if we can file a formal protest now to 
the Republican parishes after the ten days 
have elapsed ? 

President Wells—Do you mean to apply 
that to the parishes that have been com¬ 
piled? 

Mr. McGloin—No, sir. 

President Wells—The protest will be 
covered by the law applicable at the proper 
time. • 

Mr. McGloin-Do those protests have to 
be filed within ten days ? 

President Wells—Yes, sir. That is the 
decision of the board, but if, nevertheless, 
the question which arises under that pro¬ 
test is of any magnitude, we shall relax the 
rulings of the board upon that subject to 
get that evidence before it. 

Colonel Zaoharie—In oases where the 
parish has been sent up for compilation 
would it be entertained? 

President Weils—No, sir. 

Colonel Zacharie—You permitted it yes¬ 
terday in the case of Natchitoches. 

President Wells—This document accom¬ 
panied the return from Natchitoches, but it 
was overlooked and not entered at the time. 

Colonel Zaoharie—I am informed this 
morning that there was brought here for 
the first time a large bundle of affidavits in 
the East Baton Rouge case. It will be im¬ 
possible for us to examine all the affidavits 
and get witnesses here within twenty-four 
hours. We would like you to decide where 
there is a limit in this matter. 

When the plaintff is in court and the de¬ 
fendant put to his defense no new questions 
are allowed. We thought we were to reply 
to the matter given to us yesterday. If we 
are to go on in this manner constantly hav¬ 
ing the plaintiff coming forward and filing 
new proofs it will be interminable. 

General Anderson—Whom do you regard 
as the plaintiff? 

Colonel Zacharie—The party complain¬ 
ing. We are standing on the defensive, as¬ 
suming that the polls will not be thrown 
out. Now every rule of justice would re¬ 
quire that we should have the objections 







34 


Proceedings of the Beturning Board. 


before us before we are required to answer 
what the grounds of the complaint are. 

President Wells—If you please, for a mo¬ 
ment. We have stated you shall have 
them. Let us abridge this thing. If you 
ask where is the limit to this thing, I ask 
where is the limit to the questions that are 
springing up here and retarding us? If 
you will answer that I will answer the 
other. 

Colonel Zacharie—If you will terminate 
the case of the plaintiff and say it is fin¬ 
ished, and will then give us time under the 
twenty-four hour rule to get our witnesses 
and make our defense, there will be a limit 
to any objections. However much we have 
protested against your rules, we will be 
obliged to follow them. Yesterday we 
found the case of the complainant, as we 
understood it. We succeeded in obtaining 
some 100 pages of testimony, and we had 
our case in hand and prepared our inter¬ 
rogatories, telegraphing for our wit¬ 
nesses, and hoped to|b6 ready on Monday. 
This morning we come in and find in the 
same case a large package of new affida¬ 
vits. It is impossible for U3 to commence 
our defense until we know whether the 
case tor the complainant is finished. 

President Wells—You will be furnished 
with it, and when the case is up tor final 
action the evidence ceases, as a matter of 
course, such evidence as you are complain¬ 
ing of. 

Colonel Zacharie—But that does not ob¬ 
viate the difficulty. The difficulty is to 
know at what time we shall commence to 
prepare our case. 

President Wells—Prepare it now, and go 
on preparing it. 

Judge Spofford asked the construction of 
the rule with reference to the admission of 
ex parte affidavits. The rules were that no 
ex parte affidavits would be received, and 
yet it appeared that such affidavits were to 
be received on both sides. 

President Wells—I have stated to you 
that your affidavits will be received. 

Judge Spofford—Then the rule is wrong. 

General Anderson—It is modified to that 
effect. 

President Wells—Now I hope we will go 
on. We will go into executive session. 

General Anderson—I hope not for a mo¬ 
ment. I desire to make a statement to the 
board. 

General Anderson then read the follow¬ 
ing letter to the board: 

New Orleans, November 25, 1876 

Hon. Thomas C. Anderson, Member of the Louis¬ 
iana Returning Board: 

Sir— In your statement of yesterday be¬ 
fore the Keturning Board, published in the 
morning city papers, you state that I voted, 
when a member of the Legislature of 1867, 
for the bill to pay the claim known as the 
“Weil & Janny claim.’’ In this you are mis¬ 
taken. I opposed the bill throughout. My 
opposition to it was based on article 129 of 
the State constitution of 1864. I opposed 
it on the further ground that there were 
ether claims of immense magnitude against 
the Allen government equally meritorious 
as the Weil & Janny claim, and if the door 
was opened by the allowance of the claim 


an immense debt would be saddled upon 
the State, growing out of the war. I have 
not the journal of the House before me to 
look at my vote on the bill, but my opposi¬ 
tion to it on the grounds stated was well 
known among the members of the House. 
I am inclined to think that I was not pres¬ 
ent when the vote was taken, owing to my 
absence from the city at the time, but the 
journal of the House will show. 

You will please make the necessary cor¬ 
rection in your statement of yesterday, and 
make this letter a part of your corrected 
statement. 

Respectfully, your obedient servant, 

JOHN McENERY. 

General Anderson continued then as fol¬ 
lows: 

I said that McEnery voted for the bill. 
Upon examination, however, I find that he 
voted against the bill. But I wish to state 
further that when the bill was under con¬ 
sideration in the House, the committee to 
whom it had been referred—the Committee 
on Claims—referred it back. The record of 
the proceedings of the Senate upon that 
subject is as follows; 

"Mr. Halsey, chairman, on behalf of the 
Committee on Claims, reported on House 
bill No. 90, an act for the relief of Weil & 
Janny, as follows: 

“The Committee on Claims instruct me 
to report the claim of Weil & Janny back 
to the House, with the recommendation 
that it be referred to the Committee on the 
Judiciary, involving, as it does, in their 
opinion, the construction of articles 114 and 
129, constitution of 1864. 

“They further instruct me to report that 
they have given this claim a very thorough 
and impartial examination; have examined 
various witnesses, and are of opinion that 
the goods for which this claim is presented 
were received and used by the State gov¬ 
ernment which exixted at the time at 
Shreveport, and that the inhabitants of a 
large portion of this State were benefited 
thereby. 

“They further instruct me to report that 
from documents submitted t this commit¬ 
tee for their investigation (which are trans¬ 
mitted herewith), it appears that the claim¬ 
ants had in their possession, a short time 
subsequent to the surrender of the Trans- 
Mississippi Department sufficient cotton to 
have liquidated their claim; but that owing 
to the action of the agents of the State of 
Louisiana, then in Texas, the control and 
possession of this cotton was taken from 
then, and the cotton subsequently shipped 
to Europe. J. H. HALSEY, 

“Chairman Committee on Claims. 

“The report was adopted, and the bill, 
with the accompanying papers and reports, 
was referred, on motion of Mr. Halsey, to 
the Committee on the Judiciary. 

“This committee was one of the ablest 
ever raised in any Legislature of this State, 
consisting of the Hon. J. B. Elam, of De 
Soto, a lawyer and an experienced legislator; 
Colonel George Williamson, of Caddo, an 
eminent lawyer; Hon. A. L. Tucker, of St. 
Mary, one of the leading members of the 
bar of Southwestern Louisiana, and an ex¬ 
perienced legislator; Captain L. M. Nutt, 






Eighth Day's Session, 


35 


of Caddo, a distinguished lawyer; J. A. Sni¬ 
der, of Bossier, an able lawyer; Hon. 
Hunter Collins, of East Feliciana; Judge 
W. S. Soott, of Jefferson; Hon. J. McEnery, 
of Ouachita, one of the ablest of the law¬ 
yers of North Louisiana, and three young 
lawyers of this city who have already won 
success and fame, James McConnell, J. B. 
EusLis and J. E Simonds. 

“The committee so composed reported as 
follows: 

“On an act for the relif of Weil & 
Janny, favorably, with written report, as 
follows: 

“The committee having had under con¬ 
sideration the bill entitled an act for the 
relief of Weil & Janny, committed to them 
by the House, at the request of the Com¬ 
mittee on Claims, have to report that, in the 
opinion of the committee, the debt created 
by the State during the administration of 
Henry W. Allen, as Governor of the State, 
and for which, felief is sought by the cairn 
ants at the hands of the General As¬ 
sembly, is not obnoxious to the* one 
hundred and twenty-ninth article of the 
constitution of 1864, because the goods 
furnished the State by the claimants, and 
furnished the people, were ordinary neces¬ 
saries of life, not contraband of war. Nor 
does it appear that any of the articles fur¬ 
nished by claimants were used by the Con 
federate army, and the State had no troops 
in the field at that time. 

“Respectfully submitted. 

“J. B. ELAM, Chairman. 

“On motion of Mr. Elam, the bill and ac¬ 
companying documents were recommitted 
to the Committee on Claims with the fore¬ 
going written opinion. (See Journal House 
of Representatives, 1867, page 69.) 

“On Friday, March 8, 1867, the Committee 
on Claims reported the bill back to the 
House, ‘calling attention to the previous 
report of the Committee on Claims,’ mean¬ 
ing the favorable report of the committee 
of March 1, quoted above at length. 

“On Monday, March 18, 1867, the House, 
in pursuance of a resolution, took up for 
consideration private and local bills, and 
among these the bill entitled ‘an act for the 
relief of Weil and Jenny.’ House bill No. 
90. 

“And the rules being suspended requiring 
the House to go into committee of the whole 
on an appropriation, Mr. Cage (Mr. Leeds in 
the chair) moved an amendment striking 
out ‘one hundred and forty,’ and insert 
‘one hundred.’ 

“Mr. Blackman offered the following 
amendment: 

“ ‘Provided that the Legislature will make 
the necessary appropriations to pay all per¬ 
sons who furnished cotton to Governor Al¬ 
len, the proceeds of which were applied to 
the purchase of supplies for the people of 
the State, and to whom the bonds of the 
State were issued for the same.’ 

“Mr. Snider moved the previous ques 
tion, which was seconded by the House, 
and the amendment offered by Mr. Cage 
was adopted, and the amendment offered 
by Mr. Blackman was rejected; and on the 
engrossment of the bill the yeas and nays 


were demanded by Messrs. McCloskey and 
Edwards, with the following result: 

“Yeas—Messrs. Samuel Anderson, of Mad¬ 
ison; J. E. Austin, of Orleans; E. Alverson, 
of East Baton Rouge; J. C. Barry, of St. 
Landry; Alfred Bourges, of Orleans; H. S. 
Brown, of Iberville; B. R. Cbinn, of West 
Baton Rouge; H. W. Drake, of Tensas; L. 
DePoorter, of St. James; H. A. Drew, of 
Claiborne; W. L. Ditto, of Catahoula; J. B. 

L. Dugas, of Assumption; C. A. Eager, of 
Orleans; J. B. Elam, of De Sotm F. 
Ewing, of Lafourche; A. S. Feith; 
of Jefferson; G. A. Freret, of Orleans; 
E. Gantt, of St. Landry; J. T. Hanlon, of 
Orleans; J. H. Halsey, (then) of Pointe 
Coupee; G. W. Hudspeth, of St. Land]*y; 
B. F. Jonas, of Orleans; Amos Kent, of 
St. Helena; J. Kile, of Natchitoches; E. E. 
Leblanc, of Lafourche; F. Martin, of La¬ 
fayette; James McConnell, of Orleans; L. 

M. Nutt, of Caddo; L. D. Prescott, of St. 
Landry; A. Pujo, of Calcasieu; H. Regen, 
berg, of Union; M. Richardson, of St. Tam¬ 
many; N. Richards, of Orleans; E. Rogers, 
of Lafourche; W. H. Rogers, of Orleans; J. 
Ryan, of Calcasieu; A. B. Seger, of Algiers; 
L. E. Simonds, of Orleans; J A. Snider, of 
Bossier; R. B. Stille, of Sabine; J. Texada, 
of Rapides; F. Theriot, of Terrebonne; A. 
L. Tucker, of St. Mary; W. W. Whitting¬ 
ton, of Rapides; H. Y. Waddell, of Winn; 
J. C. Weeks, of Winn; W. H. Wells, of Or¬ 
leans—49. 

Nays—Messrs. N, E. Bail y, of Orleans; 
W. F. Blackman, of Claiborne; W. D. M. 
Bruton, of Union; J. T. Decker, of Plaque¬ 
mines; Marie Dodart, of Orleans; R, J. Eas- 
tin, of St. Martin; G. W. Eldridge, of De 
Soto; J. M. Edwards, of Avoyelles; Charles 
E. Fenner, of Orleans; P. Fishbnrn, of East 
Feliciana; J. R. Head, of Bienville; J. Holt, 
of East Baton Rouge; J. McEnery, of 
Ouachita; H. McCloskey, of Orleans; F. F. 
Montgomery, of Carroll; P. M. Peterson, of 
Orleans; James Phillips, of Orleans; Alfred 
Phillips, of Orleans; J. A. Powell, of Bien¬ 
ville; W. S. Scott, of Jefferson; F. A. Tete, of 
Assumption; T. F. Thieneman. of Orleans; A. 
W. Walker, of St. Bernard—23. 

“And the bill was ordered to be en¬ 
grossed. 

“On motion of Mr. Cage (Mr. Leeds in 
the chair), the rules were suspended, and 
the bill was read a third time, passed, and 
ordered to be sent to the Senate.” [See 
journal, page 114 ] 

“The opposition to this bill in the General 
Assembly was not on its merits, but for the 
reason that the opi)onent8 were unwilling 
to open so large a class of just claims in the 
existing depleted state of the treasury. 

“The bill was very thoroughly debated 
and examined, and was as fully canvassed 
before the committees as if it had been in 
litigation before a court of justice. The 
value of the goods was established; their 
distribution for relief was fully proved; the 
fact of non-payment made clear and placed 
beyond any chance of doubt; and the con¬ 
sistence of the claim with the provisions of 
the constitution of 1864 was aflirmed by all 
the lawyers in both houses, that article be¬ 
ing the same as article 129 of the constitu¬ 
tion of 1868, which is as follows: 





36 


Proceedings of the Peturning Board. 


“ ‘The State of Louisiana shall never as¬ 
sume nor pay any debt or obligation con¬ 
tracted or incurred in aid of the rebellion .’ ” 

The following memorial was filed with 
the board: 

New Orleans, November 25,1876. 

To the President and Members of the Returning 
Board of the State of Louisiana: 

Gentlemen — The undersigned, having 
been candidates at the late election, respect¬ 
fully request that you may cause the bal¬ 
lots oast in the city of New Orleans to be 
carefully counted over again before pro¬ 
ceeding to canvass the oflS.oial returns there¬ 
of. It is well known that nearly all tickets 
were so peculiarly colored and closely 
printed that without particular and scru¬ 
tinizing attention given each name thereon, 
alterations in the names of the candidates 
would escape observation. Nearly all the 
candidates resorted to the use of printed 
slips which, after erasing the names printed 
on the ticket, were pasted over the names 
thus erased. Without close inspection of 
the entire ticket they could not have been 
discovered. We confidently believe that in 
the haste of the counting the commissioners 
have thus unintentionally failed to notice 
alterations favorable to us in many in¬ 
stances. It is only by an inspection of the 
ballots actually deposited that errors re¬ 
sulting from this cause can be remedied. 
Again, we respectfully call your attention, 
if you consider it within the scope of your 
authority, to the great number of ballots cast 
by persons naturalized only a short time be¬ 
fore and within a few days of the election. 
We greatly doubt their right to have voted 
at all. Permit us to direct your attention to 
the language of article ninety-eight of the 
constitution of Louisiana, which declares 
that “every male person of the age of 
twenty-one years or upward, born or nat¬ 
uralized in the United States, and subject 
to the jurisdiction thereof, and resident of 
this State for one year next preceding an elec¬ 
tion, and the last ten days within the parish 
in which he offers to vote, shall be deemed 
an elector,” etc. We maintain that the nat¬ 
uralized person should combine the citizen¬ 
ship of one year with the residence of one 
year in the State, as the native citizen is 
required to do before he is allowed to vote. 
We do not think his privileges should be 
superior to those enjoyed by the native born 
citizen, although we do cheerfully acquiesce 
in any interpretation of the law which makes 
them equal. The period of time specified 
in and required by the laws of the United 
States for the naturalization of alien for¬ 
eigners is entirely independent of the State 
law prescribing the necessary residence as 
a prerequisite to the exercise of the elective 
franchise. The State takes no cognizance 
of the foreigner until he is naturalized. 
Should he be cited to answer any civil de¬ 
mand in any one of the State courts he 
could, and doubtless would, under an act 
of Congress of the third of March, 1875, 
Statutes at Large, pages 470 and 471, have 
the cause removed to the Circuit Court of 
the United States. How, then, should he 
claim the benefit of a constitutional provis 
ion which must be inexorably enforced as 
to native citizens, and which precludes the 


privilege of the elective franchise until he 
has resided in the State as a citizen of the 
United States for a period of one entire 
year. To hold that he may constitutionally 
vote immediately after his naturalization 
is an unauthorized discrimination in his fa¬ 
vor, which is a practical fraud on the rights 
of those citizens who are of native birth 
and those who have been naturalized in 
good faith more than one year previous to 
voting. We respectfully ask if it be prac¬ 
tical to do so that the votes com¬ 
plained of be rejected. We invite your 
attention to the general irregularities pre¬ 
vailing under the system of naturalization 
adopted by the district courts of this parish, 
extending in the Second District Court for 
the parish of Orleans to more than 1500 
certificates of citizenship which were issued 
to alien foreigners predicated upon judg¬ 
ments which do not appear to have been 
signed. Also to polls Nos. 3, 12 and 14 of 
the third ward; to poll No. 3 in the tenth 
ward; to polls Nos. 1 and 6 in the eleventh 
ward. We are credibly informed that pro¬ 
tests have been already presented in these 
instances, based on alleged irregularities. 
We invite your special attencion to them. 
We further respectfully suggest that the 
ballots of the Sixth and Seventh Municipal 
Districts of the parish and city, comprising 
the twelfth, thirteenth, fourteenth, six¬ 
teenth and seventeenth wards should be 
counted as oast, for the candidates in and 
for the parish of Orleans, under authority 
of article eighty-three of the constitution of 
the State of Louisiana, and section one of 
act No. 71 of the session acts of 1874, ap¬ 
proved March 23,1874. 

All of which is respectfully submitted. 

C. B. White, candidate for Mayor. 

Charles H. Thompson, candidate for Ad¬ 
ministrator of Accounts. 

W. M. Aifeman, candidate for Adminis¬ 
trator of Finance. 

H. Weber, candilate for Administrator 
of Waterworks. 

Louis Voltz, candidate for Administrator 
of Police. 

J. H. Weber, candidate for Administrator 
of Assessments. 

James Lewis, candidate for Administra¬ 
tor of Improvements. 

R. T. Posey, candidate for judge of the 
First District Court. 

Alcee J. Ker, candidate for judge of the 
Third District Court. 

G. Duplantier. candidate for judge of the 
Fourth District Court. 

E. North Cullom, candidate for judge of 
the Fifth Distrct Court. 

James C. Walker, candidate forjudge of 
the Superior Criminal Court. 

W. G. McConnell, candidate for judge of 
the Second Judicial District Court. 

Jules Vienne, candidate for clerk of the 
Second District Court. 

Charles A. Baquie, candidate for clerk of 
the Third District Court. 

Marion H. Marks, candidate for clerk of 
the Fourth District Court. 

R. Friederich, candidate for clerk of the 
Fifth District Court. 

A. O. Boyle, candidate for clerk of the 
Sixth District Court. 







Eighth Day's Session. 


37 


Joseph Pinta, candidate for clerk of the 
Superior District Court. 

R. L. Desdunes, candidate for clerk of the 
Superior Criminal Court. 

P. William Kramer, candidate for dis¬ 
trict attorney. 

Gustave Devron, candidate for coroner 
of the Second and Third Districts. 

J. S. Bean, candidate for second justice of 
the peace. 

Th® returns from the parish of West 
Feliciana vrere then brought in. 

General Ande>son (reading the super¬ 
scription on the wrapper)—“Consolidated 
statement of votes, parish of West Felici¬ 
ana, D. A. Weber, supervisor, November 
14,1876; to the President and Returning 
Board of the State of Louisiana,’’ is on this 
package. It contains, I presume, the com¬ 
piled lists, with accompanying documents. 
It is marked East and West Feliciana, so 
we must open the whole of them to find out 
what objections have been made. 

General Smith—What is this bundle ? 

President Wells—It is evidence. 

General Anderson (reading)—Consoli¬ 
dated statement of East and West Felici¬ 
ana. There are no remarks. Signed, D. 
A. Weber, supervisor of registration. West 
Feliciana; sworn to before Charles J. 
Howell, clerk of the district court, on the 
ninth of November, 1876. 

General Smith—How many polls are 
there? 

General Anderson—Twelve polls are re¬ 
turned. 

President Wells—How many polls are 
there in the parish ? 

General Anderson—That is all that were 
ordered by the supervisor. They order as 
many as they please. 

General Smith—I supposed some were left 
out. 

General Anderson—On the consolidated 
statement there are seventeen printed, but 
each parish orders polls according to the 
convenience of the voters. 

General Smith—But what I meant was 
that none had been left out. Yesterday 
they only returned seven in one parish 
where there were fourteen. I thought that 
that might be the case here. 

General Anderson—They have returned 
votes here in all twelve of the polls. 

General Anderson—Here is a statement of 
D. A. Weber, supervisor. This was not on 
the consolidated return, but was filed with 
it. It says: “I, D. A. Weber, the under¬ 
signed, being supervisor, do, on this four¬ 
teenth day of November, 1876, make this 
my protest against counting the votes in 
the following places, and for the reasons 
set forth: Ward No. 2—Intimidation. Five 
inen were discharged in the ward by Wil¬ 
liam Bell for refusing to sign a pledge.” 

General Smith—Is that paper connected 
with the affidavits, or are they attached by 
themselves. 

President Wells—We have considered it 
attached to the report, sir, a part and parcel 
of the ooncern, 

General Anderson (reading)—Ward three, 
intimidation of the United States super- 
viser, who was driven from the polls and 
not permitted to distribute .Republican 


tickets. Witnesses, Valentine Ewing and 
Howard Thompson. Fourth ward, general 
intimidation. 

General Smith—With reference to these 
affidavits the same rule is to be observed 
that we can set our clerks to work at them. 

President Wells—I was just going to 
make the remark. General. We will pass 
over and look at the aggregate vote and 
apprise the gentlemen and let them come 
in and copy the papers, giving their receipt 
for the same. Look at the compilation. 
General Anderson. 

General Anderson—The aggregate vote is 
as follows: 


Kellogg. 


McEnery.. 


Burch. 


Wickliffe.. 


Joseph. 


St. Martin. 


ShelHon. 


Poche. 


Marks. 


BeBlanc. 


Levisee. 


Seay. 


Breurster. 


Coho. 


Joffroin. 


Gross.. 



General Smith—What is the aggregate 
vote of that parish compared this year 
with that of two years ago? I only ask for 
information. 

General Anderson—I haVe not got the 
statement of votes of two years ago with 
me. 

General Smith—Is it greater or less? Do 
yon recollect? 

General Anderson—I don’t recollect, sir. 

President Wells—I think there were 2400 
or 2500 votes oast in 1874. I really do not 
recollect, but I think it is thirty per cent 
less. 

J udge Trumbull—May I ask when that 
return was received? 

Mr. Abell—It was received on thd four¬ 
teenth of November. 

Judge Trumbull—Did these affidavits 
come with it? 

General Smith—They were rolled in the 
package. 

J udge Trumbull—With the return ? 

General Smith—No; they came in sepa 
rate bundles. 

President Wells—You are right, sir. 

Judge Trumbull—I see they are dated 
since that date. On the twentieth, is it not? 

General Anderson—They are sworn to on 
the twenty-first of November. 

Judge Trumbull—They do not accom¬ 
pany the general returns? 

General Smith—They were W'rapped in a 
different bundle. 

Judge Trumbull—Where were they taken? 

President Wells—We can not say. 

Judge Trumbull—The jurat will show. 

President Wells—Before whom were they 
sworn to. General Anderson? 

General Anderson—They were sworn to 
before F. A. Wolfley, commissioner of the 
United States Circuit Court at New Or¬ 
leans. 

Judge Trumbull—At New Orleans? 

General Anderson—Yes, sir. In his re¬ 
port hero he mentions Weber’s report. 

General Smith—What is the date of that. 
General? 

General Anderson—On the sixteenth of 
November. He makes his report, and men¬ 
tions that we will see the oaths of these 
men who made the affidavit. 

Judge Trumbull—But that is dated on 























38 


Proceedings of the Returning Board. 


the fourteenth, and the affidavits were 
made later. 

General Anderson—Yes, sir. 

President Wells—We may get at the mat¬ 
ter, General. Eead the remarks on the 
compiled statement. 

General Anderson—There is none. Here 
is his statement, and he gives his reasons 
for not making any, which I have read. 

Judge Trumbull—Is that certified to by 
the clerk of the district court? 

General Anderson—No, sir; he signs it 
himself. 

Judge Trumbull—Have any of the returns 
been certified to? 

General Anderson—Of course, they are all 
here. 

Judge Trumbull—But this is not a separ¬ 
ate paper. 

General Anderson—This is on the paper 
in the elerk’^s office, and the clerk certifies 
as it is certified to by him: “I, Charles 
Howell, do hereby certify that the state¬ 
ment is correct.’’ 

Judge Trumbull—Then what you have 
bean reading about the protest is made by 
the supervisor? . 

General Anderson—Yes, sir. 

President Wells—And then to corrobor¬ 
ate that statement he gets up affidavits 
subsequently to makinff that return. 

General Anderson—What disposition will 
you make of this. Governor? 

President Wells—You may as well let the 
gentlemen have copies. It is a contested 
case. Send in and apprise the gentlemen, 
and let them have copies. 

Mr. Harris—Shall I notify the gentlemen. 
Governor? 

President Wells—Yes, sir. 

General Anderson—Here are the letters 
accompanying the returns. 

The counsel for the contestants then came 
into the room, and President Wells said to 
them that they could take the documents 
and give their receipt for them. They 
could take them to their apartment in order 
that they might make their copies. 

President Wells (to Governor Wicklifte)— 
You will see the supervisor’s statement con¬ 
nected with the affidavit. 

Mr. McGioin—Can we inspect the con¬ 
solidated statement that has come in for 
about ten minutes? 

President Wells—We have taken no ac¬ 
tion on it yet; as soon as we have you can. 

Mr. Gauthreaux—If there is anything 
wrong on it, or any discrepancy, we can 
cony it? 

President Wells—Yes, sir. 

The returns from East Feliciana were 
then brought in, and President Wells di¬ 
rected that the proceedings should be sus¬ 
pended for a few moments until the com¬ 
mittee had given their receipts and got out 
of the room. 

Judge Trumbull—While we are waiting, 
let me ask when that w^s received? 

President Wells—I will get the box and 
see. 

General Anderson—It is mailed at Baton 
Rouge; it is the return from East Feliciana, 
but mailed at Baton Rouge. 

President Wells—The return was re¬ 
ceived on the thirteenth. 


General Anderson—To the reporters-^ 
You might as well take this return down, it 
is as follows: East Feliciana, addressed to 
the returning officers, care Secretary of 
State, New Orleans, Louisiana, received by 
mail and mailed at Baton Rouge, not 
signed, but sealed. 

General Smith—Is that all the return? 

General Anderson—Yes, sir, except this 
small package. This smaller package was 
not mailed at all. I don’t know how it 
came. 

Mr. Gauthreaux—It was likely that it 
was handed in afterwards. 

General Anderson—I presume it was, sir. 

Mr. Gauthreaux—The large package is 
not sealed on both sides, is it? 

General Anderson—Yes, sir, on each 
side and on the ends. I don’t see any ob¬ 
jection to opening this now. 

Mr. McGloin—I desire to file a list of wit¬ 
nesses in Baton Rouge, and ask the board 
to be kind enough to send for them. 

President Wells—Yes, sir. 

Mr. McGloin—Could you detail a ser¬ 
geant-at-arms, and we will see to summon¬ 
ing them? I presume you could subpena by 
dispatch. The law does not state how you 
shall subpena. If you will send a dispatch— 

President Wells—We have no money with 
which to pay for the dispatch. 

Mr. McGloin—We will provide that. 

Mr. Burke—We have got enough for all 
telegrams. 

President Wells—Well, we are very poor. 

Mr. McGloin then submitted an order for 
summoning of witnesses which was read by 
General Anderson, who suggested that the 
paper implied that the board would have 
to examine all the witnesses brought for¬ 
ward by the parties. If they had to do so 
it would take until New Year to get 
through with the duty of the board. 

President Wells—Let the witnesses come 
forward. 

General Anderson—The affidavits are 
there. If we have to examine these men, 
we will never get through. 

President Wells—We will confine them to 
the affidavits when they get here; but have 
them here. 

The parish of East Feliciana was then 
brought in for canvass. There were two 
sealed packages comprising the returns. 
There were also sundry documents relative 
to the conduct of the late election in East 
Feliciana. The package was signed by 
James E. Anderson, supervisor of registra¬ 
tion. 

General Anderson (reading)—“The con¬ 
solidated statement of the votes in the par¬ 
ish of East Feliciana, sworn to before F. 
W. Nephler, justice of the peace of the State 
of Louisiana, parish of East Feliciana, 
clerk’s office. I hereby certify that the 
above is a correct statement of the returns 
of the election held November 7, compiled 
after a careful examination of all the tally 
sheets; the reports from each of the follow¬ 
ing places; this eighth of November, 1876, 
James S. Linier, clerk of court.” The ag¬ 
gregate vote is as follows: 

McEne^. 1736 

WicMiflfe ..1737 

St. Martin........ 1737 








Eighth Edtfs Sesision. 


39 


Poche.1736 

Pe Blanc.1737 

Seay. 1737 

Cobb.1737 

Cross.. 


Hayes and Wheeler electors, none. 

Judge Trumbull—Is there any protest 
there—I mean with the returns? 

General Anderson—No, sir; nothing ex¬ 
cept that which I have read. Nothing filled 
up. They came filled up in a separate doc¬ 
ument. 

General Smith—Are there any remarks 
on that paper? 

General Anderson—No, sir. 

Mr. Gauthreaux—What is the date of 
that protest? 

General Smith—Here it is. 

Mr. Gauthreaux—Twenty-third of No¬ 
vember. 

President Wells—Give the gentlemen 
copies of these documents; let us get at 
something else. 

Mr. Gauthreaux—These returns were re¬ 
ceived on the thirteenth. 

The returns from the parish of Ouachita 
were then brought in. General Anderson 
opened them. They were directed to the 
Returning Board, dated at New Orleans. 

General Anderson (reading)—“Consoli¬ 
dated statement of votes of the parish of 
Ouachita, oast at the general election. No 
vember 7, 1876, officially forwarded and de¬ 
livered in person by M. J. Grady, super¬ 
visor of registration., 

General Anderson opened certain docu¬ 
ments accompanying the returns, showing 
all these papers were attached to the re¬ 
turns. 

Judge Trumbull—When was that re¬ 
ceived? 

General Anderson—The supervisor says 
he delivered it in person—I don’t know 
when—over his own signature here. 

Mr. Abell—It was received on the twen¬ 
ty-fourth. 

President Wells—Yesterday ? 

Mr. Abell—Yes, sir. 

President Wells to counsel—Here are 
other statements with regard to the sub¬ 
ject matter. You had better put them all 
together and let them go over ?o the clerk 
and get a receipt for them. 

Mr. Gauthreaux—These papers were out¬ 
side in an envelope. 

President Wells—Yes, sir; I will give 
them to you in an envelope 

General Anderson—Here is another paper 
to take also,polling place at Log Town, No, 

2 . 

President Wells—You had better not de¬ 
tach them, but let the gentlemen have a 
cony of it. 

General Anderson—Here is the consoli¬ 
dated statement of votes for the parish of 
Oauchita, sworn to by M. J. Grady, super¬ 
visor of registration, parish of Ouachita, 
before Julius Ennemosaer, clerk of District 
Court, parish of Ouachita, eleventh of Nov¬ 
ember, 1876. 

Judge Trumbull—Is the clerk’s certificate 
on that book? ^ 

General Anderson—Yes, sir. I will 
read it. 


“Polling Place at Log Town, No. 2,) 
November 7,1876. 5 

“We, William C. Williamson, Henry P. 
Davis, Francis A. Hall, Commissioners of 
Election, duly sworn, do hereby certify that 
we were unable to open the polls, for the 
reason that no box or necessary papers were 
delivered to us at or before the opening of 
the polls according to law; and that, in 
our opinion, we had, after waiting until 8 
A, M., the necessary appliances for opening 
them. The votes oast thereat would be le¬ 
gal and have the force of law, and 
for the above reasons we directed the voters 
to go to the nearest polls and cast their votes. 
The remarks on the paper are these: I, H. 
L Pierce, United States supervisor of the 
parish of Ouachita, duly commissioned for 
the fifth district do certify that this state¬ 
ment of votes polled at the general election 
for President and for Representatives in 
Congress is correct and true, and I do further 
certify and declare that the election and 
canvass was true, fair, free and peaceable. 

Judge Trumbull—There is no protest on 
the paper. 

General Anderson—These protests are 
attached to it, sir. 

Judge Trumbull—What is the date of the 
attached protests? 

General Anderson—There is one attached 
by a seal, and here is one by itself dated 
tne twenty-first of November, 1876. Here 
is another one on the seventeenth of No¬ 
vember, 1876. 

Judge Trumbull—Where do those affida¬ 
vits purport to have been made? 

President Wells—They are sworn to be¬ 
fore P. A. Woolfley. 

Judge Trumbull—Is that in New Or¬ 
leans? 

President Wells—Yes, sir, here; he is 
clerk of the United States Circuit Court. 

Governor Palmer—I believe that these 
affidavits were sealed up with the returns. 

General Smith—Tnese were. 

President Wells—Yes, sir; and attached 
with a bit of a string. 

General Anderson—And the string was 
sealed with a seal and hot wax to it, too. 

* President Wells—Mr. Green, furnish 
these documents to Governor Wickliflfe—ev¬ 
erything belonging to them and a copy of 
that document on the returns when we are 
through with it. 

General Smith—What is the aggregate 
vote. General Anderson? 

General Anderson—The vote is returned 
here. 


Ktllogg. 


McEnery. 


Burch. 


Wickliflfe. 


Joseph. 


St. Martin. 


Shelaon. 


Poche. 


Marks. 


DeBlanc. 


Levisee.. 


Seay... 


"Rrftwfttftr.. 

..792 

Cobb. 

.1868 

Joffroin. 


Cross. 



For Governor—Packard, 781; Nicholls, 
1869 

President Wells—Lay the returns aside, 
and bring in some other returns. 

The returns from Richland were then 
brought in. They were not signed but 
sealed, and consisted of but one package. 
There were affidavits inclosed in an en¬ 
velope. 


























40 


Proceedings of the Beturning Board, 


Judge Trumbull—If it is not too much 
trouble, I -wish you would state when it was 
received and, when opened. 

General Anderson—It is not stated on 
the packaere 

Judge Trumbull—But it is on the books. 

General Anderson—It is on the books We 
will give you a copy at any time. This 
was sworn to on the tenth of November. 

Mr, Kenner—The returns were received 
on the thirteenth of November. 

General Anderson reading: “Consolidated 
statement of the parish of Richland, sworn 
to by J. F. Kelly, supervisor, before J. N. 
Ritts, clerk of the Fourteenth District 
Court, parish of Richland, on the tenth of 
November.” The remarks on the tally 
sheet are with reterence to scattering votes 
and nothing else. Here are the protests 
and oaths. 

Mr. Gauthreaux—Are they sworn to? 

President Wells—They are Democratic 
protests; they must be right. 

General Anderson—I don’t see where 
they are sworn to. 

Mr. Gauthreaux—If they are not they 
might as well be sworn to. 

General Anderson—There is one sworn to 
before the clerk of the court. Here is an¬ 
other petition signed by a great many per¬ 
sons. 

Mr. Burke—It is a protest for the elector¬ 
al vote, or simply a local contest. 

Mr. Gauthreaux—Here is a document 
which, instead of being a protest, is an in¬ 
dorsement of the peaceable and quiet char¬ 
acter of the election. 

President Wells—That goes in. 

Mr. Gauthreaux—That is far fiom being 
a protest. 

President Welle—That accompanies the 
protest, . 

Mr. Burke—Is there anv protest there 
affecting the electoral vote? 

General Anderson—I have not seen any. 

Mr. Gauthreaux—Let me read the paper. 

President Wells—This is all to be read 
when the contest comes up. 

General Anderson—Mr. Abell, are there 
any protests on file? 

President Wells—The remarks by the 
supervisor may show. 

Mr. Gauthreaux—Is not this one of the 
parishes covered by the Kellog protest ? 

President Weils—Yes, sir. 

General Anderson— General Smith, do 
you wish the vote ? 

General Smith—Yes, sir. 

General Anderson—It is as follows: 


Kellogg. 

Burch. 

..277 McEnery.... 
..276 Wickliflfe.... 


Joseph. 

..277 St Martin... 


Sheldon. 

..277 Poche. 


Marks.. 

..277 DeBlanc. 


Levisee. 

.277 Seay. 


Brewster.’.. 

..277 Cobh. 

.. 970 

Jo£froia. 

,.277 Cross. 

..970 

For Governor- 

-Packard, 265; 

Nicholls, 


975. 


President Wells—We will have to lay 
this aside. Let the parties take copies of 
the papers. 

The returns from Caddo were then 
brought in, consisting of one package, di¬ 
rected to the Returning Board, forwarded 
by mail, sealed but not signed. 


Governor Wickliffe inquired on what 
day the board would set the hearing of the 
Ouachita case. 

President Wells—We will set it for Mon¬ 
day if the opposite party agrees to that 
day. 

Mr. Gauthreaux—Whom do you consider 
the opposite party to confer with in this 
matter? 

President Wells—The Republican Com¬ 
mittee. 

Colonel Zacharie—We don’t know upon 
whom to serve the documents; that is the 
reason we asked the question. Shall we 
serve them upon Kellogg? Has he made 
any appearance here by counsel? 

President Wells—Serve them upon the 
electors or their counsel, or the counsel of 
the Returning Board, Mr. Ray. 

Colonel Zacharie—With a view of facil¬ 
itating the work of the board, I would ask, 
if it be convenient to the board, that they 
hold an evening session to go through and 
open all the rest of the returns and then 
have them set down for some days next 
week. 

President Wells—We can’t come here in 
the evening. We must go more rapidly in 
the morning. 

Colonel Zacharie—We used to work in 
the evening during 1874. 

President Wells—I happened to learn a 
lesson from that work, and have taken ad¬ 
vantage of that instruction. 

The returns from Caddo were then opened. 

General Anderson—The returns were for¬ 
warded by mail. Here is a registered let- 
,ter. 

Judge Trumbull—Did the supervisor sign 
it on the outside? 

General Anderson—No, sir. 

Mr. Gauthreaux—Is the postmark, 

Shreveport, on there? 

General Anderson—I can not see it. 

President Wells—But the registered let¬ 
ter, Governor. That must show the office 
through which it was transmitted. 

Mr. Gauthreaux—That was what I was 
trying to arrive at. 

General Anderson—Here is a letter trans¬ 
mitting the returns of the parish of Caddo. 
There are two documents attached. The 
consolidated statement is sworn to by N. 
McKenny, supervisor of registration, on 
November 11, 1876, before J. W. Wheaton, 
clerk of the Tenth District Court. Under 
the head of remarks there is a statement 
with reference to certain wards being en¬ 
titled to a number of justices and con¬ 
stables. 

S. N. Morrison, commissioner of election, 
protests against the election, corroborated 
by W. C. Blanchard and others. 

General Smith—What is the number of 
the polling place ? 

General Anderson—Eighteen. Is it neces¬ 
sary to read these papers. Governor ? 

President Wells—No, sir; as there is a 
contest the gentlemen will be furnished 
with the evidence, and when they know 
the nature of the contest we will fix the date 
for the hearing of the case. 

Governor Palmer—Who signs the pro¬ 
test? 




















Eighth Day^s Session, 


41 


General Anderson—Samuel N. Morrison, 
commissioner of election, and Fletcher La- 
garde. The other protest is sworn to by 
Blanchard and others. 

Mr. Gauthreaux—I see that this protest 
is sworn to also by A. B. Levieee, United 
States commissioner for the United States 
District Court of this district of election. 

Governor Palmer—Is he one of the 
electors? 

Mr. Gauthreaux—He is a candidate on 
the Republican ticket. 

Governor Smith—What is the date he 
swears to? 

General Anderson—On the fifteenth of 
November, 1876. Shall I read the state¬ 
ment of the supervisor. Governor? 

President Wells—It is not necessary; the 
gentlemen can have a copy. 

General Anderson then announced the 
vote as follows; 

Kellogg.2687 McEnery.1654 

Burch.2687 Wickliffe.1656 

Joseph.^....2686 St. Martin.1657 

Sheldon.2687 Poche.1656 

Marks.2687 DeBlanc.1655 

Levisee.2686 Seay.1657 

Brewster.2686 Cobb.1656 

JoflEroin.2686 Cross.1656 

General Smith—Are the tally sheets 
there with them? 

President Wells—You had better com¬ 
pare them. 

Mr. Casenave—There are eighteen polls 
here. 

President Wells—Which one will you 
have? 

General Anderson—Pick out any one; it 
don’t make any difference. Pick out one, 
Mr. Kenner. 

Mr. Kenner then picked out poll No. 8 
and compared it with the consolidated 
statement, and it was found to correspond. 

General Smith—You need not have done 
that for me. I thought the tally sheets 
were not there, the package was so small. 

President Wells—It is better to compare 
them. Is there a protest there? 

General Smith—I don’t know of any pro¬ 
test. 

Mr. Gauthreaux—This paper appears to 
be a protest. 

General Anderson—This is a protest 
against the entire poll for the following 
reasons, to wit: That previous thereto 
and during the pendency of the canvass 
did resort to threats and did intimidate 
colored voters so as to prevent them from 
voting the Democratic or independent 
ticket; that they stated in some instances 
that actual violence, in others that 
threats and violence, and in still 
others by expelling colored voters from 
their churches and religious organizations, 
and by many means ; and he further states 
that said acts tended to prevent, and did 
prevent, a fair and free election on said 
day. He protested that, among other acts, 
the Republicans resorted to bribery 
and other things to prevent a fair and free 
election, and voters were prevented from 
voting the Democratic and Independent Re¬ 
publican ticket by reason of said bribery 
and other corrupt influences, and 
also for the reason that the poll 
lists furnished by the supervisors 

6 


were inacurate, erroneous and contained 
many omissions whereby many voters were 
disfranchised for no cause of their own, 
but simply by reason of errors and omis¬ 
sions. He further states that the commis¬ 
sioners of election refused to open polls in 
their usual places, but opened them at 
points selected on account of their easy ac¬ 
cess by Republican voters. 

General Anderson—Let us see what the 
other gentlemen’s statement is: 

Fletcher Lagarde and Richard A. Ware, 
intimidated Republican voters of the par¬ 
ish, by threatening to discharge them from 
employment, refusing to give employment 
to them, and depriving them of their ordi¬ 
nary means of livelihood, in the event that 
they should vote the Republican ticket. 

The Republicans lost not less 500 votes 
by this means. They are the grounds of 
the protests. 

President Wells—Give a copy of the pa¬ 
pers to the gentlemen on the opposite side. 

Colonel Zacharie—I give notice that I 
shall like a eubpena to issue for Lieutenant 
Guriy, Thirteenth Infantry, and Lieutenant 
Roe, Third Infantry, to be served at the 
department headquarters. If you will give 
me the subpenas 1 will serve them myself. 

President Wells—Yes, sir; but state the 
case in which they are to appear. 

Colonel Zacharie—They are witnesses in 
tbe East Baton Rouge case. 

The returns from Sabine were next 
brought in, signed by Peter Munson, and 
directed to the board of returning officers. 
The returns were mailed on the eleventh of 
November. 

President Wells—What are the number 
of polling places? 

Mr. Kenner—Ten, sir. 

President Wells—Read the returns. 

Mr. Kenner—{reading)“The consolidated 
statement of votes of Sabine at the election 
held November 7,” signed by Peter Mun¬ 
son, supervisor, and sworn and subscribed 
on the tenth of November before W. H. 
McNeely, parish judge, sealed with the seal 
of the court, and certified to R. W. Sibley, 
clerk of court. 

President Wells—What is the electoral 
vote ? 

Mr. Kenner— 


Kellogg. 


McEnery. 


Burcli. 


Wickliflfe. 


Joseph. 


St. Martin. 


Sheldon. 

.23 

Poche. 


Marks. 


DeBlanc. 

.907 

Levisee. 


Seay. 

.907 

Brewster. 


Coob. 

.907 

Joifroin. 


Cross. 



General Smith—Are there any remarks ? 

Mr. Kenner—No, sir; none at all. 

General Anderson—There is a protest 
there by Governor Kellogg. 

General Smith—What is the guberna¬ 
torial vote? 

Mr. Kenner—Packard 23, Nicholls 907. 

General Anderson—There is a generel 
protest filed here by the Hayes electors. 

Governor Palmer—That is certainly gen¬ 
eral dissatisfaction. 

General Anderson—Yes, sir. 

Mr. McGloin—It is sore-headedness. (To 
General Anderson)—That vote is canvassed, 
is it not? 





































42 


Proceedings of the Beturning Board. 


General Anderson—No, sir, there is a 
protest. If it is not included in that gen¬ 
eral protest read yesterday why, of course, 
we will compile it. 

It was found that Mr. Packard by his at¬ 
torney, J. P. Harris, had protested that 
parish. There were also protests on behalf 
of the Hayes and Wheeler electors. It ap¬ 
peared that there was also another one on 
the part of Mr. Blount, candidate for State 
Senator, against the parish. 

The returns were laid over. 

The returns from De Soto were then 
brought in. They were addressed to the 
Hon. J. Madison Wells, and sent by the 
mail. They were in three packages. 

General Anderson—The first package con¬ 
tains a list of the voters from eight polls; 
tally sheets and statement from commis¬ 
sioners of election of the parish in the sec¬ 
ond package. The third package must be 
the consolidated returns there. There is 
nothing on the wrapper of the third pack¬ 
age. There are affidavits attached to the 
consolidated statement. 

President Wells—Are those protests there. 
General Anderson? 

General Anderson—I judge so. [Read¬ 
ing.] Consolidated statement of votes of 
the parish of DeSoto, with any quantity of 
affidavits attached. 

Mr. Burke—What is the date of them? 

General Anderson—Sworn to on the 
tenth of November, 1876, before W. C. Rey¬ 
nolds, clerk of the district court, De Soto 
parish. 

Mr. Burke—What is the date of the first 
affidavit? 

General Anderson—It is very recent. 
Subscribed and sworn before me, this twen¬ 
ty-fifth of November, 1876, by J. P. John¬ 
son, J. M. Carter and D. M. Clark. 

General Smith—Are the affidavits at¬ 
tached to the consolidated return? 

Mr. Burke—How is that one received? 

General Anderson—It was received here 
to-day. 

Mr. Burke—Postmarked when? 

Mr. Green—It is marked here; it was by 
mail. November 18 is the receipt for it. 

Mr. McGloin—Does it state the day it 
was mailed? 

Mr. Green—No, sir. 

Mr. McGloin—How does it happen that 
affidavits that came in here on thie twenty- 
fifth of the month were in packages re¬ 
ceived by mail on the eighteenth of the 
month ? 

Mr. Green—It is marked here “by mail.” 
That is all I know. 

General Anderson—The second affidavit 
is on the thirteenth of November. 

Mr. McGloin—Is not one dated the twen 
ty-fifth ? 

General Anderson—Yes, sir, the first. 

Mr. McGloin—I would like to have an ex¬ 
planation of it. 

General Anderson (reading)—Before me, 
personally came C. L. Ferguson—this is the 
supervisor himself—who being duly sworn, 
says that he is the supervisor of registra¬ 
tion for the parish of De Soto, and has been 
so since September last, and that during 
the whole period he has performed his du¬ 
ties in all respects according to law; that 


during the period of the registration 
and up to the day of the election 
there existed such a persistent and 
violent condition of intimidation exer¬ 
cised by the white Democratic citizens 
toward the colored citizens of the parish, 
that they were discharged from einploy- 
ment, expelled from rented lands; fed on 
short rations, had their crops destroyed, 
expulsion from the parish, bodily harm and 
actual death in order to compel the colored 
Republicans to vote the Democratic ticket; 
that he had reason to believe himself in 
constant danger; that he did not dare to 
register at certain places in the parish for 
fear of assassination, and he believed there 
was not a full, free and fair election in the 
parish. 

President Wells—Is that the report of 
the supervisor? 

General Anderson—Yes, sir; this is certi¬ 
fied to on the twenty-fifth. 

President Wells—We will dispense with 
the reading of it. Is there much, more of it. 

General Anderson—Not much. 

Mr. McGloin-We don’t desire to hear it? 
We will take copies of it. 

General Anderson then concluded the 
reading of the affidavit, which was an elab¬ 
oration of what he had already read. 

General Smith—Are there any remarks on 
the consolidated statement about intimida¬ 
tion or* bribery? 

General Anderson—No, sir. His affidavit 
explains that. 

Mr. McGloin-He refers to them. That 
says the annexed is his protest, as they are 
all filed to-day in that bundle. 

General Anderson—No, sir. 

Mr. McGloin—But he refers to that. How 
did they get in the package received on the 
eighteenth? 

Mr. Abell—I will explain that matter if 
the gentleman will allow me. The first 
package from De Soto, which I have sent 
for, was received on the eighteenth. This 
one was received this morning by mail, and 
of course it came on the twenty-fifth. 

Judge Trumbull—Did it come by mail 
this morning? 

Mr. Abell—Yes, sir. 

Mr. McGloin—Have you a receipt for it? 

Mr. Abell—I received that from the letter 
carrier this morning about ten o’clock. The 
other I received on the eighteenth. 

Mr. McGloin—Why did you not state 
that at the time? Why did you not send 
the first package which you receipted for? 

Mr. Abell—My messenger brought it in. I 
sent him back for returns and my clerks 
sent them in. 

Judge Stoughton—What return is this 
that was received to-day ? 

Mr. Abell—The return before the board 
now. I also received a small package on 
the eighteenth, which I presumed was a 
consolidated statement. 

Judge Stoughton—Was the evidence you 
received in the package to-day ? 

Mr. Abell—Yes, sir. 

Judge Stoughton—Oh, that settles it. 

Mr. McGloin—It must have been marked 
here to-day if at all. 

President Wells—That is exactly the con¬ 
dition of things. He has kept open all 








Eighth Eayh Session. 


42 


these aflSdayits, I presume, and he files 
them with his compilation to be forwarded 
to US, and deposits them in the postofiSoo 
that they may reach us through that chan¬ 
nel. 

Mr. Abell—There is the other postmark, 
on the fourteenth, received here on the 
eighteenth. My receipts show two pack¬ 
ages were received. 

General Anderson—This first package is 
marked De Soto, addressed to the Return¬ 
ing Board, State of Louisiana, Mansfield, 
November 14. 

General Anderson opened the first pack¬ 
age brought in by Mr. Abell and found that 
it was a consolidated statement. He asked 
Mr. Burke to look at it while he compared 
it with the other return, saying: “I suppose 
one is the original and other a copy.” This 
(the second one) was retained for the pur¬ 
pose of attaching the affidavits to. 

Governor Palmer—I don’t understand 
your remark. 

General Anderson—I say I presume it is 
a double one and was retained by the su¬ 
pervisor in order that he might attach affi¬ 
davits to it. If any gentleman will take 
this I will call off. 

General Smith—Let us get the vote of the 
first one first. 

General Anderson—Kellogg 898. 

Mr. McGloin—Right, sir. 

General Anderson—Burch, 898. 

Mr. McGloin—Right, sir. 

General Anderson—Mr. Joseph, 898. 

Mr. McGloin—Right, sir. 

Goneral Anderson—All the rest are 898. 

Mr. McGloin—That is all right, sir. 

General Andeison—Now we will take 
the Tilden electors. McEnery, 1304. 

Mr. McGloin—Yes. 

General Anderson—Wickliffe, 1305. 

Mr. McGloin—Yes, sir. 

General Anderson—All the others 1305. 

Mr. McGloin—Yes, sir. 

General Anderson—Now for the Gov¬ 
ernor—Packard, 89^; Nioholls, 1303. Is 
that correct, sir? 

Mr. McGloin—Yes, air. 

General Anderson—The one sent by mail 
corresponds with the one received to-day. 

Mr. McGloin—But the point is whether 
you are going to canvass this one or that. 

General Anderson—That is the question. 
There are no affidavits attached to the 
others. 


Governer Palmer—Are there any means 
of telling who mailed the Mansfield papers? 

General Anderson—No, sir. Though he 
can produce a receipt. 

Mr. McGloin—We don’t question that it 
was mailed by the supervisor. 

General Anderson, in reply to a question 
by Mr. Julian, stated that the law required 
one set of returns to be mailed or delivered 
to the supervisor or to the board. 

General Smith—Were the tally sheets 
with the first return that came. 

General Anderson—No, sir. 

President Wells—Take this away, and 
give us another one. 

The returns from the parish of Lincoln 
were then brought in, consisting of one 
package, sealed, but not signed. When they 
were laid on the table a paper ball 
rolled out of them, whereupon General 
Smith jocosely said to the president, “Look 
out, it might be an infernal machine.” 

President Welle—I will take my chances 
as to that. You had better get out of the 
way. 

General Smith—I didn’t run when the box 
was introduced the other day. 

President Welle—No, you set very well. 
Are there are any protests in this package, 
Mr. Abell? 

Mr. Abell—There is a general protest. 

General Anderson—The consolidated 
statement is sworn to by William A. Jones 
before S, P. Goldin, clerk of the district 
court. There are 125 votes here found for 
Eelix P. Roche, which the certificate says 
are intended for Pilix P. Poche, the printer 
hnving made a mistake in some of the tick¬ 
ets at polls Nos. 1 and 7, in ward No. 1. 

President Welle—There is a protest in 
that parish. You had better just turn it 
over. General, read the aggregate vote. 

General Anderson read the vote, as fol¬ 
lows: 


Kellogg. 


McEnery. 


Burch. 


Wickliffe. 


Joseph. 


St. Martin. 


Sheldon.. 


Poche. 


Marks. 


DeBlanc. 


Levisee. 


Seay.. 


Brewster. 


Cobij. 


Joffroin.. 


Cross . 

.1070 


For Governor—Packard, 324; Nioholls, 
1080. 

President Wells—Let the parish go over. 
The board then adjourned over until 
Monday at ten o’clock. 


NINTH DAY’S SESSION. 


Monday, November SJ7, 1876. 

The Board was called to order at 10:50 A. 
M., all the members being present. 

The minutes of the previous meeting were 
read. 

The following gentlemen were present on 
the part of the Republican committee : 

Messrs. Stoughton, Van Alen, Parker, 
Kelly, and Hale. 

The following gentlemen were present on 
the part of the Democratic committee: 

Messrs. Trumbull, Palmer, Smith, Bigler, 
and Julian. 


President Wells stated to counsel on both 
sides that the board would dispense with 
the reading of all documents. If counsel 
had any motions or petitions, they would be 
kind enough to submit them in writing. The 
board must save the consumption of time 
by the reading of documents which were to 
be read again during its deliberations. 

Colonel Zacharie—I call the attention of 
the board to the incorrect statement in the 
minutes this morning in regard to the mo¬ 
tion for the modification of rule eight, in 
regard to ex parte affidavits. I thought that 


























44 


Proceedings of the Beturning Board. 


the chair announced that the rule would be 
BO modified as to allow the admission of ex 
parte testimony. We see by the reading of 
the minutes— 

President Wells—Cease the discussion 
and allow me to come to the point at once. 
I submitted the modification to the board 
and decided that it should be granted, and 
added to Judge Spoflord’s writing in regard 
to that point, as there had been inadvertent¬ 
ly admitted affidavits here which were ex 
parte, and in order that you should not be 
deprived of any mode of rebuttal, that we 
understood or modified rule eight so as to 
permit you, where inadvertently any ex 
parte affidavits had crept into the record, to 
rebut these ex parte affidavits. That is the 
understanding of the ruling of the board, 
and you must cease to discuss the question. 
It is final. 

Colonel Zacherie—I don’t propose to dis¬ 
cuss it. That is not our understanding. 

President Wells—I can not help it, sir; if 
you have anj'^ motion submit it. 

Mr. McGloin—I wish to file a protest to 
rule eight, at this late date. 

President Wells—File it. 

Mr. McGloin—I wish to reiterate in writ¬ 
ing that the board has not sent to the Dis 
trict Court of East Baton Rouge for the 
returns which the supervisor has omitted 
and that it has not sent for the ballot boxes 
of East Baton Rouge. 

President Wells—Name, sir, the polls 
from which you want the boxes. 

Mr. McGloin—It is in the supervisors’s 
report, and the clerk knew very well, and 
better than we did, what polls were luiss- 
ing and what we would have. I will also 
file a protest against the action ol the 
board in refusing to receive the duplicate 
returns from the clerk’s office. 

President Wells—Let it be filed. If there 
are no further motions the board will go 
into executive session. 

General Anderson — Wait, Mr. Presi¬ 
dent. I have received a letter from 
the Hon. J. B. Eustis to the effect 
that the Picayune reports me as say- 
ingthat he voted for the Wiel-Jan- 
ney claim. He says that that statement is 
not supported by the House journal, and is 
therefore erroneous. It is not my intention 
to do any gentleman i.ny injustice. I find 
from the names that I read that Mr. Eus¬ 
tis is recorded as voting neither for nor 
against it. I find that he was made a mem¬ 
ber of the judicial committee which made 
a verbal report upon that bill, and which 
is^stated in the document read by me on 
Saturday last. 

Colonel Zacharie—Will you allow me to 
ask if the clerk will give us the names of 
the parishes not yet returned 1 

President Wells—Yes, sir, during the day. 

Mr. McGloin—Is the clerk now going to 
send for those ballot boxes or not? The 
clerk has not issued the order that you 
directed to be issued. 

President Wells—Don’t let us consume 
time. We will send for the boxes. Fur¬ 
nish the clerk with the money to pay the 
expenses and it will be done instantly. 

Mr. McGloin—You ordered the clerk to 
issue subpenas for Clover and the other 


witnesses on Saturday, but I was not able 
to get this protest from the clerk. 

President Wells—The order has been 
given again this morning, and will be car¬ 
ried out at once. 

Colonel Zacharie—For Mr. Clover? 

General Anderson—For the officers of the 
army. 

Colonel Zacharie—We want Mr. Clover. 
They are in New Orleans in the Custom¬ 
house nearly all day. 

President Wells—Do you know the fact 
they are in the Customhouse? We have no 
authority to make Mr. Woolfiey look for 
these parties. 

Mr. Gauthreaux—Did not the chairman 
say that he would telegraph? 

President Wells—I gave that order. 

Mr. Gauthreaux—There was nothing said 
about a lack of funds or we should have 
paid it. 

President Wells—When Governor Wick- 
liffe stepped forward to pay the expenses of 
the packages in the express office it was 
distinctly understood that the board would 
nay nothing, because the Legislature had 
refused to make an appropriation, and they 
were unwilling to pay money out and have 
delay in getting it back, and then when it 
was returned have it returned at the rate 
of thirty cents on the dollar. I stated that 
here. 

Mr. Gauthreaux—But when you were 
asked for the ballot boxes at Baton Rouge 
you distinctly stated you would do so. If 
there had been a lack of funds we would 
have paid it. We will send for them. 

General Anderson—I think it is better to 
end this matter. It is impossible for us to 
complete by next Wednesday these returns 
if we have to count the ballots and send all 
over the State of Louisiana for the various 
documents from the different parishes. Our 
duty is confined to what is before us and 
returned to us according to law. 

Mr. Gauthreaux—It is not to count the 
returns that we ask, but simply to get the 
returns in the ballot boxes—to get them on 
the consolidated returns. If put in unin- 
tententionally or erroneously, the board 
will pursue the same course as in 1874, when 
it ordered the boxes to be broughc that the 
returns might be counted. We don’t ask 
that the ballots be counted, bub that the 
returns sealbd up erroneously may be taken 
out and counted as the law requires. 

President Wells—The boxes were in the 
city. 

General Anderson—I am not aware that 
the ballots were counted in 1874. I think 
you are mistaken. 

Mr. McGloin—Let me ask as a guide, 
does your board intend to act on these crip¬ 
pled statements, or partial statements of the 
supervisors, when they leave out one-half 
of the polls and no eff ort is made to get the 
papers? Does the board intend to be bound 
by the negligence of the supervisors? Jus¬ 
tice requires that we should supply the 
omission on the part of the supervissrs. 
There is no law that the board shall make 
a count from the consolidated returns of 
the supervisors, but that the returns should 
be counted from the statement of votes of 
the commissioner. If we are to count the 






Ninth Day's Session. 


45 


votes from the consolidated statements, 
why one-half of the persons that were reully 
elected could be thrown out by the will of 
any unscrupulous office holder. 

President Wells—The board will go into 
executive session. The attorneys on each 
side will remain. To the audience—Gentle¬ 
men will withdraw who have no right to 
be here. We expect to open the contested 
arishes and get through. To-day being 
xed to take up the East Baton Rouge case, 
if there is time to take it up, we will do so. 
If not it must go over. 

Colonel Zacharie—It is best to have it go 
over. There are so many affidavits tiled 
that we have had no opportunity to ex¬ 
amine. 

Mr. McGloin—At what date will you 
limit the filing of affidavits? I examined 
quite a number last evening, and when I 
got through I found additional ones. 

President Wells—W e will receive no ex 
parte affidavits, only to rebut those that 
have crept in inadvertently. 

Mr. McGloin—You will receive ours in re¬ 
buttal, but you wo'n’t receive any from the 
other side except to rebut these. 

President Wells-rYes, sir. 

Mr. Gauthreaux—I would ask for a list 
of the parishes in which ex parte affidavits 
have been filed, 

President Wells—We can not do that un¬ 
til we have opened the packages. 

Mr. McGloin—Documents have been re¬ 
ceived here in separate packages, and we 
do not know but that ex parte affidavits 
have been filed in the parishes opened. 

President Wells—We have seen none but 
in the case of Baton Rouge. 

General Anderson—The gentlemen will 
see the affidavits and hear them read. 

Mr. Gauthreaux—But I am speaking of 
the parishes already opened. 

President Wells—I know of none. 

General Anderson—I know of none ex¬ 
cept the parish of Baton Rouge, and when 
I heard they were in I was willing that 
ex parte affidavits should be brought in to 
rebut them. 

Colonel Zacharie—In the oases of Oua¬ 
chita and De Soto it was so. 

President Wells—Have you seen the pa¬ 
pers of those parishes? 

Colonel Zacharie—Yes, sir. 

President Wells—Then taxe a copy of 
them. 

Colonel Zacharie—We want to get all the 
parishes. 

President Wells—As soon as we open the 
packages having ex parte affidavits in them 
we will throw them out or give you an op¬ 
portunity to file rebutting affidavits. 

Colonel Zacharie—We would like to as¬ 
certain which of them have been opened 
thus far. 

General Smith—Both of these gentlemen 
say that you shall have them. 

General Anderson—I move that the ex 
parte affidavite be withdrawn from the file 
and then it will not be necessary to have ex 
parte affidavits to rebut, because if we per¬ 
mit it, it will consume more time than we 
have to spare. Will the gentleman who in- 
troauced the ex parte affidavits in Baton 
Rouge withdraw them? 


Mr. McGloin—That is a thing we should 
have complaimed off. The clerk takes 
papers from the board. 

President Wells—No charges against the 
officers, Mr. McGloin. As soon as you have 
positive evidence against the clerk make a 
charge against him. 

Mr. Abell—1 would state that it is my 
duty to receive all the packages filed and I 
turn them over to the board, and I propose 
to do so, and when I want the advice of 
any of the gentlemen I will ask them for it. 

General Anderson—Let us have no dis¬ 
cussion. Let the room be cleared and let 
us proceed to business. 

President Wells—Gentlemen, leave the 
room, those of you who are not engaged in 
the investigation. 

Mr. Cavanac—I am informed that the 
clerk receives no order unless the money is 
paid, and we are ready to pay the money. 

General Anderson—We can not count the 
ballots, it would take too long. 

Mr. Gauthreaux—We don’t ask that the 
ballots be counted, but that the returns be 
taken out and put on the consolidated 
statement. 

General Anderson (emphatically)—Clear 
the room, it you please. 

President Wells—Clear the room. 

General Anderson—The sergeant-at-arms 
will clear the room of every gentleman not 
entitled to be in here. 

The statement of T. N. Hutton, denying 
that he had made returns from the parish of 
Bienvil le, was read by order of the presi¬ 
dent. 

President Wells—That gentleman is the 
supervisor of Bienville. We are just go¬ 
ing to open the papers. I thought it was 
necessary to have that document read. 

The returns from the parish of Bienville 
were then brought in. 

Mr. Gauthereaux—Is the end of that 
package sealed? 

General Anderson—One end is broken, 
but the side is not. 

Mr. McGloin—It is broken so you can get 
the papers out? 

General Anderson—I don’t think you can. 

Mr. Gauthereaux—But you can get pa¬ 
pers in? 

General Anderson—Oh, yes; you might get 
papers in. But we will see what is inside, 
[opening the package and reading]: Re¬ 
turns of Bienville, post marked Arcadia, 
November 11, 1876. When was this re¬ 
ceived, Mr. Abell? 

Mr. Abell—On the fourteenth of Novem¬ 
ber. 

President Wells—You will look into the 
middle of that bundle. General, and see if 
anything has slipped in. 

General Anderson—There does not ap¬ 
pear to be anything in it. 

Mr. Gauthreaux—You may notice that 
the postmark was written on that. Any 
body could just as well seal it over and 
write a postmark. 

President Wells—Very many postmasters 
write their postmarks, where they have no 
stamps. 

General Anderson — The package has 
written on it “Falksville, good order, 





46 


Proceedings of the Beturning Board. 


Rush.” That was on the end of it. There 
are several lists of voters in the package. 

President Wells — Are there any pro¬ 
tests, Mr. Abell? 

Mr. Abell—Nothing but the general pro¬ 
test. 

Mr. MoGloin—You are not going to con¬ 
sider a general protest like that. It does 
not come from the supervisor or conuected 
with the returns. 

President Wells—When we take final 
action we will determine what we will do. 

Mr. McGloin—I know; but you must 
jecognize that we n;ust know your action 
so as to prepare for the hearing. 

President Wells—You shall know. What 
are the remarks? 

General Anderson—[Reading ] The re¬ 
marks are: “Over the column containing 
the name of Cobb, you will find an account 
of twenty-nine votes oast for the same po¬ 
sition for R. B. Cobb; also over the column 
containing the name of S. B. Packard one 
vote for Stephen B. Packard.” That is all. 

President Wells—Are there any protests? 

Mr. Abell—No, sir, only the general pro¬ 
test. 

President Wells—Send it over for com¬ 
pilation. 

General Anderson—Shall we read the 
votes? 

President Wells—No, I don't think it is 
necessary. 

General Smith—We have taken hereto¬ 
fore the aggregate vote. I think we had 
better continue it. 

General Anderson—Will you order it 
laid over, Mr. President? 

President Wells—Lay it over and let the 
gentlemen look at it. 

Mr. McGloin—Is the general protest 
sworn to? There is no affidavit of intimi¬ 
dation, or anything of that kind, is there'* 

General Anderson—I don't see anything 
of that kind. 

Colonel Zacharie—Is it a petition for 
hearing ? 

President Wells—We will lay it over. 

General Anderson—The aggregate vote is 
as follows: 

Kellogg.227 McEnery.953 

Burch.227 Wicklifte.956 

Joseph.227 St. Martin.955 

Sheldon.227 Poche.956 

Marks.227 DeBlanc.955 

Levisee.227 Seay.956 

Brewster.227 Cobb.934 

Jolfroin.227 Cross.955 

For Governor—Packard, 225; Nicholls, 
958. 

General Smith—Does that embrace the 
nine votes that they noted in the remarks ? 

General Anderson—I don't believe it does. 
It is not on the consolidated return. 

Mr. Gauthreaux—I think it is the omis¬ 
sion of the supervisor. 

The returns from Bienville were then 
laid over and the returns from Winu 
brought in. 

Mr. Kenner—There is a protest in Winn. 

General Anderson—It is a general pro¬ 
test. 

Mr. McGloin—On what day did you re¬ 
ceive these returns, Mr. Abell ? 

Mr. Abell—On the seventeenth, by mail. 

Mr. Kenner—Here is a document that I 


propose to offer as a rule to facilitate the 
board in taking evidence and doing its work. 
Mr. Green, will you read it? 

Mr. Green read the motion, as follows: 

By Mr. Kenner—It is ordered that parties 
having a right to be heard by this board 
shall have the right to have the interroga¬ 
tories propounded by them to the witnesses 
and served on the other party and their 
counsel, with the cross interrogatories, if 
any be filed, answered in writing before F. 
A. Woolfley, United States commissioner, 
and Hugh *J. Campbell, judge of the Fourth 
JuUicial District Court, and the same shall 
be received as evidence in the case. 

Mr. McGloin—May I ask that you allow 
them to examine the witnesses without the 
delay of cross-interrogatories in the pres¬ 
ence of counsel on both sides? 

Mr. Kenner—It would take too much time. 

President Wells—I find that we get fur¬ 
ther off' from concluding our matters when 
we violate our rules. 

General Anderson—I move the order be 
adopted. 

A second was obtained to the motion, and 
the president declared the motion adopted. 

General Anderson—The returns are ad¬ 
dressed to the Board of Returning Officers 
by J. W. Shoemacher, supervisor. There 
are two packages. 

Mr. Gauthreaux—Have those packages 
been postmarked? 

General Anderson—I don't see any post¬ 
mark on any of them. 

Mr, Gauthreaux—I see the stamps have 
not been canceled; but I don't see any post¬ 
mark, not even a written one. 

General Anderson—I do not see any, but 
I see something there that looks like one. 

Mr. Gauthreaux—Please ask the secre¬ 
tary how these packages were received. 

Mr. Abell—By registered letter. 

Mr. McGloin—Did both come together? 

Mr. Abell—Both came together on the 
same day, and both were registered. 

General Anderson—There are the num¬ 
bers, and Mr. Abell says you can find the 
receipt for them at the Postoffice. We might 
as well proceed to open them then. Gov¬ 
ernor? 

President Wells—Yes, sir. 

General Anderson opened the package, 
saying, “It looks as though it naight have 
been genuine.” 

Mr. Gauthreaux—You give us the infer 
ence that there are some that are not. 

General Anderson (laughing)—Some have 
not the appearance of being genuine; tnese 
are all right; but I don't know; I can not 
swear to it. We thoujght that the returns 
from the parish of Bienville were not, but 
they prove to be all right. 

At this point the secretary of the British 
legation, accompanied by a lady and other 
distinguished guests, came into the Return¬ 
ing Board and were introduced to the mem¬ 
bers of the board and the gentlemen on the 
two committees. 

General Anderson opened the returns and 
found they were sworn to by J. W. Shoe- 
macher. The remarks are with reference 
to .the making of the consolidated state¬ 
ment of votes. The supervisor says: “I 
deem it my duty to consolidate all votes 






















Ninth Bay's Session. 


47 


oast for the same person, their names in 
some oases having been differently written 
on the tickets, as shown by the tally sheets 
and statement of votes from the different 
polls.” There are some errors in the Presi¬ 
dential electors. I don’t see any protest or 
affidavits of any kind. 

Mr. McGloin—None except this general 
protest. 

General Anderson—The following is the 
aggregate vote: 

Kellogg.... -. 76 McEnery.549 

Burch. 82 Wicklifte.549 

Joseph. 82 St. Martin.550 

Sheldon.82 Poche.551 

Marks.82 DeBlanc.549 

Levisee. 82 Seay.549 

Brewster.82 Cobb.514 

JolEroin. 82 Cross.549 

J. Floyd King. 35 

For Governor—Packard, 78; Nicholls, 556 

President Wells—Give us another parish. 

Mr. Abell—Here is the parish of Rapides, 
received on the seventeenth by mail. 

Mr. Kenner opened the package, in the 
absence of General Anderson, who was ex¬ 
cused by request, in order to anable him to 
leave the room. The returns were ad¬ 
dressed to the Secretary of State, and con¬ 
tained no protests or affidavits. 

President Wells—There is a protest here 
filed by Barrett, one of the candidates for 
the Legislature. 

Mr. Kenner read the letter which accom¬ 
panied the returns, handed him by the Gov¬ 
ernor, dated Alexandria, Louisiana, Novem¬ 
ber 13, 1876. and addressed to P. G. Des- 
londe, Secretary of State. The letter was 
as follows: 

“I beg leave to submit, with the accom¬ 
panying papers, this statement of reasons 
for hot sending the report all at once, as re¬ 
quired by law. The papers were brought in 
very irregularly, some of the precincts fur¬ 
nishing only one set of tally sheets and one 
statement of votes, the other being inclosed 
in the box with the ballots. The reports 
from Cotile and from Leoompte were sealed 
up in the ballot boxes, and were each opened 
by the two commissioners in the presence of 
myself, and before they were returned to 
the clerk of court or to myself, and the re¬ 
turns taken therefrom. These are Demo¬ 
cratic boxes and Democratic commissioners. 
The boxes from Cotile ward and Rapides 
ward were not returned until 10 A. 
M., Thursday, November 9, 1876. The 
statement of reasons therelor were filed 
and transmitted with* the consolidated 
statement of votes. These boxes were re¬ 
ceived under protest, which protest has also 
been forwarded. The election has been 
quiet and honest, and results as reported 
are conceded by the good and honest citi¬ 
zens of the parish. I will be in New Or¬ 
leans by the first boat, when I shall take 
the earliest opportunity to wait upon you in 
person. 

Yours respectfullv, 

E. W. WOODRUFF. 

Colonel Zacherie—It appears that they 
made the same error in sealing the returns, 
discovered it, opened the box, took out the 
returns, then resealed them, in the presence 
of the commissioners. 


Mr. Kenner—I don’t find any consolidated 
returns hero What shall we do, Governor? 

President Wells—Let it go over. 

Mr. Kenner—You can read the vote from 
the tally sheets. 

Mr. McGloin—Are you going to canvass 
the returns? 

President Wells—No, sir. 

Mr. McGloin—Is there any protest? 

President Wells—Yes, sir, Mr. Barrett has 
filed one. 

Mr. McGloin—Will you let us see it? 

President Wells—Yes, sir. 

Mr. McGloin—There is a statement of 
votes from all the polls. 

Colonel Zacharie—Those are the ones 
which the lavi says shall be considered. 

General Smith—Can we get the returns 
from that? 

Governor Palmer—Do you propose to en¬ 
ter that in the consolidated return? 

President Wells—I propose to take the 
matter under consideration. It goes over 
now in consequence of a protest. 

General Smith—If there is any way for 
getting that aggregate vote we would like 
to have it. 

President Wells—It will take too much 
time. 

Mr. Kenner—How does this protest come? 

President Wells—It came with the rec¬ 
ords. 

Colonel Zacharie—It was not sealed. 

President Wells—No, sir; but it came 
within the ten days. 

The returns from Rapides were then laid 
aside and those of Webster parish brought 
in. The latter were addressed to the presi¬ 
dent of the Returning Board and came to 
the board by hands of the supervisor. 

General Smith—On what date were they 
received? 

Mr. Abell—On the twenty-seventh of No¬ 
vember; this morning. 

Mr. Kenner opened the package. The 
consolidated ptatement was sworn to by J. 
T. Morrow, before J. S. Goode, justice of 
the peace. The remarks had reference to 
the throwing out of twelve double ballots. 

President Wells—Has the paper the seal 
of court? 

Mr Kenner—Yes, sir; and here are some 
affidavits. 

President Wells—Let the gentlemen see 
them and take copies. 

Mr. Gauthreaux—There is no seal on 
them. The statement is signed by Goode, 
justice of the peace of the parish, but there 
is no seal attached. 

General Smith—Give us the aggregate 
vote. 

Mr. Kenner— 


Kellogg.. 

.864 MeEnery.... 


Burch. 

.864 Wickliffe.... 


Joseph. 

.864 St. Martin.. 

.888 

Sheldon. 

.864 Poche.. 


Marks. 

.864 DeBlanc.... 


Levisee. 

.864 Seay. 


Brpiwntpr. 

.864 Cobh. 

.887 

.Toft’roin. 

.864 Gross. 

.887 

For Governor- 

-Packard, 858; 

Nicholls, 


897. 

The returns were laid aside. 

President Wells—Give us another parish, 
Mr. Abell. 






































48 


Proceedings of the Beiurning Board. 


Mr. Abell—Parish of Red River, received 
from the hands of the supervisor this morn¬ 
ing, the twenty seventh. 

Mr. Kenner—This is addressed to the 
president of the Returning Board, and 
signed by A. W. Cornog, supervisor. The 
package is sealed. Sworn to on the tenth 
ol November, 1876, before J S. Wester, 
clerk of the district court, sealed with the 
seal of the court. The remarks have refer¬ 
ence to votes received by some of the local 
officers. 

General Smith—Are there any protests? 

Mr. Kenner—No, sir. 

President Wells—None inside the pack¬ 
age? 

Mr. Kenner—The vote is as follows: 


Kellogg. 

..833 McEnery...., 


Burch. 

..834 Wickllfte.... 


Joseph. 

..834 St. Martin... 


Sheldon. 

..834 Poche. 


Marks. 

,.834 DeBlanc. 


Levisee.. 

,.834 Seay. 


Brewster. 

..834 Cobb. 


Joffroin.. 

..834 Cross. 


For Governor- 

—Packard, 830; 

Nicholls, 


415. 

President Wells—Are there any protests 
in this parish? 

Mr. Green—Yes, sir. A protest has been 
filed and referred to the attorneys. Irregu¬ 
lar ities are alleged in the seventeenth dis 
triot by a judge and a senator. 

President Wells—Let it go over, and 
bring us another parish. 

Mr. Abell—The parish of Bossier, received 
this morning from the hands of the super 
visor. 

Mr. Kenner—It is marked Hon. J. M. 
Wells; election returns; T. H. Hutton, su¬ 
pervisor. The consolidated statement is 
signed by the supervisor, and sworn to on 
the thirteenth before G T. Abercrombie, 
clerk of the district court. 

Colonel Zacharie—There is no seal at¬ 
tached. 

Mr. Kenner—There are protests accom¬ 
panying this return. The remarks are: 
“ The ballot-t)ox from poll No. 1 reached 
this office on Wednesday evening, Novem¬ 
ber 8, about seven o’clock. None of the 
commissioners came with the box, and no 
sworn statement nor any papers whatever 
accompanied the same, except one tally- 
sheet, trom which the votes were compiled, 
the undersigned not vouching for the same. 
The box is irregular in every particular, 
therefore I protest against the compiling of 
the votes by the Returning Board. Box No. 
3; reliable information reached me that 
gross frauds were perpetrated at this poll, 
added to the fact that three Democratic 
commissioners officiated at the latter in de¬ 
fiance of law; that on counting the votes 
the doors were locked and Republicans de¬ 
nied admittance. I feel compelled, with 
dne regard to my oath and the conscientious 
discharge of mv honest duties, to protest 
against the statement of votes being com¬ 
piled and returned.” 

Mr. Kenner—The vote is as follows : 


Kellogg. 


McEnery. 


Burch... 


Wickliffe. 


Joseph. 


St. Martin. 


Sheldon,.;.... 


Poche. 

.883 

Marks. 


DeBlanc. 



Leyisee. 

.1720 

Seay. 

.. 883 


.1721 

Cobb... 


Joffroin. 


Cross. 



For Governor—Packard 1724, Nicholls 
880. 

Judge Spofford—Does that show the vote 
of the contested poll? 

Mr. Casanave—Yes, sir. Everything is 
included here. What was the vote of this 
poll? 

Mr. Kenner—Kellogg 49, McEnery 108, 
in poll No 1; in poll No. 3, 29 for Kellogg 
and 172 for McEnery. 

President Wells—Bring us another parish. 

Mr. Abell—Here is the parish of Clai¬ 
borne, consisting of two packages; a sealed 
package by the hands of the supervisor. 

Mr. Kenner—This is marked Returning 
Board, Louisiana, returns of Claiborne 
parish. 

Judge Spofford—When was it received? 

Mr. Abell—On the fourteenth of Novem¬ 
ber. 

Mr. Kenner—The other is marked double 
electiou returns from the parish of Clai¬ 
borne, and receipts for ballot boxes ad 
dressed to the board at New Orleans. 

Mr. Gauthreaux—The first package is 
marked Homer, November 10, and the sec¬ 
ond Homer, November 11. 

Colonel Zacharie—The seals are broken 
at the end. 

President Wells—Open that and see if 
anything could slip out or be withdrawn 
from it. 

Mr. Kenner—Not very handily. Governor. 
The consolidated statement is signed by J. 
E. Scott, sworn to on the tenth of Novem¬ 
ber. before John A. Richardson, clerk of 
court, with the seal of the court. The re¬ 
marks have reference to the scattering 
votes. 

Colonol Zacharie—Are there any protests 
inside the papers? 

Mr. Kenner—No, sir. Is there any pro¬ 
test in the parish of Claiborne, Mr. Green? 

Mr. Green—Yes, sir; a general protest. 

Mr. Kenner—The aggregate vote is as fol- 


lows: 

Kellogg. 


McEnery........ 


Burch. 


Wickliflfe.. 


Joseph. 


St. Martin. 

.1577 

Sheldon. 


Poche. 


Marks. 


DeBlanc.. 


Levisee. 


Seay. 


Brewster. 


Cobb. 


Joffroin. 


Cross.. 



Por Governor—Packard, 427; Nicholls, 
1590. 

President Wells—Here is a very lengthy 
statement from the supervisor. The gen¬ 
tlemen will get copies of it. It is entirely 
too lengthy to be read, it will consume too 
much time. 

Judge Spofford—Is it a protest? 

President Wells—No, sir. It is a state¬ 
ment of the supervisor. 

Judge Spofford—Is it not impeaching his 
own report? 

President Wells—I have not paid any at¬ 
tention to it. You can see it yourself. 

Judge Spofford—Is it in the shape of a 
complaint? 

President Wells—Yes, sir. 

Mr. Gauthreaux — It is a Democratic 
parish, judge. 






















































Ninth Daifs Session. 


49 


President Wells—Bring us another 

narish. 

Mr. Abell—Ilere are the returns from the 
parish of Cildwell They come to the 
board by mail in eleven packages. They 
came togerher, but we out this wrapper on 
them. 

Judge SpofiFord—When did they arrive? 

Mr. Ab'll—Oo the lourteenth. 

Mr. Knuner—Taey were all addressed to 
the Returning Board. 

Colonel Z toharie—Post-marked Colum¬ 
bia, Louisiana. November 11. 

Mr Green—Tnere are protests from O. 
H Biewster and Geotge B Himlet, oandi- 
dater* for Senator in ihi.-t parish 

Mr. Kenner—The oonrolidated statement 
is signed by J H. Lesemoore, unpervisor, 
ard sworn to on the ninth of November, 
1876. sisrned by the clerk and sworn to be¬ 
fore J. E Berry, justice ot the peace of the 
fourth ward, with the seal of the court. 

President Wells—What are the remarks? 

Mr. Kenner—Thev are very lengthy, with 
reference to the scattering votes cast in the 
parish. The aggregate vote is as follows: 


Kellogg. 


McEnerv. 


Bu cii. 


Wie, u liff 1. 

.63i 

Jo < p . 


St Ma tin. 


She d »u. 

.285 

Po h . 


Mai ks. 


I'ei-linc. 

.632 

Let is e. 

.285 

S wy.. 

. 632 

Biews er. 

..285 

( oeb. 


Jolfiom..... 


Cl OSS . 



For Governor—Packard, 282: Nioholls, 
625. 

President Well—The papers are full of 
protests and the case goes over. 

At this poind a letter was handed to 
President Wells purporting to have been 
written by Ben Butler in Philadelphia, 
post marked the twenty-fifth instant, threat¬ 
ening to shoot him on sight if he counted 
Tilden out, and saying that be had a notion 
to do it anyhow. 

The returns from Carroll parish were 
then brought in, addressed to the “Presi¬ 
dent of the Reluming Board of the State 
of Louisiana,” and marked, “Consolidated 
statement ot votes cast at the general elec¬ 
tion, November?, parish of Cirroll, Jacques 
A. Gla, supervisor of registration,” sealed. 
The statement of the supervisor trans¬ 
mitting the returns accompanied the paper. 

Mr. Abell stated that the returns were re¬ 
ceived from the hands of the supervisor on 
twenty-«ix instant. 

Mr. Kenner—The consolidated statement 
is signed by Jacques Gla, and sworn to on 
the fourteenth of November before C. E. 
Moore, parish judge. 

Mr. Cavanao—Ihere is no official edal at¬ 
tached ro the statement. 

Mr. Kenner—No, sir; the remaks are. 
There are no written lists of voters at polls 
Nos. 3, 7 and 10, the reason is that they 
were sealed up in the boxes and de¬ 
livered to the clerk of the District Court; 
the same is the fact with reference to the 
tally sheets of poll No. 10, but the state¬ 
ment of the votes of the last named poll, 
duly sworn to, is correct and is herewith 
transmitted. Shall I read the protest. Gov¬ 
ernor? 

President Wells—The protests are there; 
the gentlemen will see them and get copies. 

7 


Mr Kennei—The aggregate vote is as 


fol l<» we: 
Kellneg. 


MrEneev. 


Bui ch. 


Wickl ffe. 


J Si-oll .. 

.24.8 

s . Mart.n.. 

. 592 

-'lie fion.... 

..24 8 

P,.. lie. 

592 

M.irk8. 


i>. B auc. 


Le s e. 

.. 2438 

Sea . 


B ews er. 

. 2 38 

bb. 

. 5.42 

Jutfroiu. 


CruSa. 



Pur Guvernor—Packard, 2416; Nioholls, 
607. 

Judge Spoffiird—Is there anything to 
show the vote of the missing polls, three, 
sevsn and ten? 

Mr. Kenner —Yes, sir, it is here. Poll No. 
3 Kellogg 406 Nioholls 12; j.oll No. 7, Kel- 
logti 410, Nio'toils 20; poll No. 10, Kellogg 
43 Nicholis 138. 

The reiuriis were laid aside. 

President Wells—Bdug us another parish. 

Mr. Abell—Here is the parish of West 
B iton Rouge, receiveh on the fourteenth of 
November from the hands of the en per visor. 

Mr. Kenner—Addressed to the Returning 
Board, L. T. Biughno, supervisor, and 
8 alcd The Consolidated starement is 
signed by L. T. Baughno, supervisor, ard 
sworn to on the eighth of November, 1876, 
before P Landry, chrk oftiie Pilth Judicial 
Court. There is no seal of the court and 
no remarks. 

Mr. Kenner—There is an affidavit at¬ 
tached to one ot the polls. 

Mr. Smith—It is only a statement that 
the election was held all right. There is 
no protest. 

Mr. Kenner—The vote is as follows: 


Kelloffg. 


MeE’iery. 


Bnr- h. 


W icklifie. 


.] 1 1. 

. 198 

Sr. Martiu. 

.44l 

i''h luou. 

.20.J 

Poc'e. 


Mai'hs. 


Debla.ic.. 

.441 

Tih % i ft ■.. 

. 197 

S av. 


Bi* wsfer. 

. 197 

Cubb. 


Ju£f oin. 


CrubS. 



P Goveinor —Pai'karu 9U8, Nionoiis444. 

President Wells—Lay the returns over. 
Mr. Abell, give us the parish of Orleans. 

Mr. Abell—here is the p irish of Jeffer¬ 
son. right bank, received November 14, 
1876, from the supervisor. 

Mr. Kenner—Maiked on tihe outside offi¬ 
cial returns from the parish of Jeff. rson, 
right bank, of the election held November 
7, 1876; signed by John S. Cook, supervisor 
of registration, directed to the Returniiig 
Board, State of Louisiana, and also marked 
for identification A. Gaidere, United States 
supervisor Democratio-Couservative parly; 
signed on the other side John S. Cook, as¬ 
sistant supervisor of registration, parish of 
Jefferson, right bank. 

The consolidated statement of votes of 
the parish ol Jefferson is signed by John S. 
Cook, supervisor, sworn to November 14, 
1876, E. A. Arbo, clerk of the District 
Court, with seal of the court attached. The 
aggregate votes is as follows: 

Kellogg.1084 McKDf-ry.644 

Burcu.....1081 Wiuklilte.641 

Joseph. 1080 St. Ma,rtin.642 

Siitl ion.1081 Poche.641 

Marks.1081 DeBl.inc.642 

Levisee....1081 Stay.642 

Brewster.1017 Cobb.642 

Joffroin.1066 cioas.641 

B'or Governor—Packard, 1001; Nicholis, 
718. 






































































50 


Proceedings of the Eeiurning Board. 


The returns were laid aside. 

The returns from the parish ot Jefferson, 
left bank, were then orought iu, signed by 
James M.. Pratt and directed to the Keturn- 
ing Bi>ard; naarKed on the opposite side, for 
identitioation, O Bessaoon, United States 
supervisor, Democratic Conservative Com¬ 
mittee. 

Mr. Kenner—The only remark on the con¬ 
solidated statement is, for identidcation, O. 
Bessaoon, United States supervisor. Demo¬ 
cratic Conservative Committee. The con¬ 
solidated statement is signed James M. 
Pratt, supervisor of registration; sworn to 
on the fourteenth of November, 1876, be¬ 
fore the ^udge of the Second Judicial Dis¬ 
trict, parish of Jefferson. The presidential 
electors are: 

Kellogg. 687 McEnery. 141 

Burcb. 687 Wicklifife. 14l 

Jos ph. 687 Sr. Alartia. 141 

Sheldon. 687 Poc ie. 140 

Marks. 687 Dr Blanc. 141 

1 Levieee. 687 Seay. 141 

Biewstlir... 686 tobb. 141 

Joffroin. 687 Cross..... 141 

B^or Governor—Packard, 687; Nicholls, 
141. 

President Wells—That parish is protested 
and it goes over. I believe the Democrats 
have protested. 

General Smith—Are the protests in the 
papers? 

General Anderson—No, sir. They are on 
file. 

The returns of the city of New Orleans 
were then ordered to be brought in. 

Mr. Abell—Here are the returns from the 
seventeenth ward, filed by the supervisor on 
the fourteenth of November. 

Mr. Kenner—They are marked <‘To the 
Returning Board. Poll list and statement 
of votes, tally sheets and consolidated state¬ 
ment of polls Nos. 1 and 2, seventeenth 
ward.” The package is sealed, Caspar Ger¬ 
ber, supervisor. 

Mr. Green—There are several protests 
there on account of Democratic candidates 
and Repuolioan candidates also. 

Mr. Kenner—The consolidated statement 
of votes is s gued by Caspar Gerber, assist¬ 
ant supervisor of registration, sworn to on 
the thirteenth of November before P. G. 
Deslonde, Secretary of State^ with the seal 
of the State attached. The aggregate vote 
is as follows: 


Kellogg. 


Mcknerv. 


Burch. 


Wickliffe. 


Jobeph. 


Sr. Mariiu. 


Sueiuoii. 

..338 

Pochfr. 

, ^....322 

Marks. 


DeBlanc. 


Ltvisf e. 


Seay. 


Brewster. 

.338 

Cobh.. .. 

.322 

JoffroiQ. 


Cross. 



For Governor—Packard, 337; Nicholls, 
323. • 

General Smith—There are no protests. 

President Wells—There are none inside 
of the papers; there are plenty of them 
outside. 

Mr Abell—Here are the returns of the 
ninth ward, parish ot Orleans,, received on 
the fourteenth. 

Mr. Kenner—It is marked returns of 
the ninth ward, parish of Orleans, direct¬ 
ed to the president and members of 
the Returning Board, New Orleans,‘Con¬ 


solidated statement, ninth ward. The 
consolidated statement is signed George 
W. Wright, assistant supervisor of regis¬ 
tration, ninth ward, and sworn to on the 
fourteenth of November, before P. G. 
Deslonde, Secretary of State. 

General Smith—Are there any remarks? 

Mr. Kenner—Yes, sir, referring to the 
scattering votes. 

General Smith—Are there any protests 
filed there? 

Mr. Kenner—No, sir. 

President Wells—Are there any protests, 
Mr. Green? 

Mr. Green—I have not received any. 

Mr. McGloin—We have never heard of 
any protests iu the ninth ward. 

President Wells—There is a protest by 
the judges; it was published on Sunday. 
The nature of it is as to the counting of 
naturabz ».tion votes. 

Mr. Ml Gloin—We have a protest against 
the counting tor Mr. MoConnel 

Mr. Kenner—The following is the aggre¬ 
gate vote: 

Kellogg.699 McEnry.1950 

Burch.698 Wickliffe.1951 

Joseph.700 Sp Martin..1952 

She don.700 Poche.1950 

Marks.70ii- DeBlano.19.^0 

Liwisee.700 Seay.1950 

Brews I er.700 Cobb.1949 

Joffioin.700 Cross.1948 

For Governor—Packard, 701; Nicholls, 
1950. 

Mr. McGloin—Will the returns be can¬ 
vassed so far as the electoral vote is con¬ 
cerned? 

President Wells—It depends upon the 
nature of the votes cast. 

Mr. McGloin—The Third District is omit¬ 
ted, and I ask that we may be allowed to 
insert it. Is the vote so far as the returns 
are concerned to be canvassed? 

President Wells—I can’t answer that un¬ 
till we have a full board. 

Mr McGloin—I understand that the only 
protest is so far as relates to the judges. 

President Wells—They ask that the 
whole vote be thrown out 

Mr. McGloin—So far as they are con¬ 
cerned; you can not throw out the whole 
vote. 

President Weils—Would not the vote for 
judges apply as well? 

Mr. McGloin—If these men do not grum¬ 
ble, it is all right. 

President Wells—How can you tell how 
the foreign-born citizens voted? A great 
number of them voted the Republican 
ticket 

General Smith—That protest relates to 
judges in the wrong district. 

Mr. McGloin—We contend that there are 
illegal votes oast, and that it can not be 
counted. 

President Wells—Send the returns over 
to the clerk. 

Mr. Abell—Here are the returns of the 
tenth ward, received from the supervisor 
on the fourteenth instant. 

Mr. Kenner—It is marked to the Return¬ 
ing Board, T. H. Bowen, supervisor, tenth 
election precinct, parish of Orleans. 

General Smith—Mr. Kenner, how many 
polling places were there in this ward? 





















































Ninth'Da'ifs Session.' 


51 


Mr. Kenner—There were ten. Do they 
not ask tor certain boxes to be counted, 
Governor? 

Mr. Green—They make certain charges 
against them, and ask that the ballots in 
poll No. 3 be counted. 

Mr. McGloin—Let us see that protest? 
When was that protest filed? 

Mr. Green—It is marked on the back of it. 

Mr. MoGloin—Not the date. 

Mr. Kenner (reading) — Consolidated 
statement of votes tenth ward, signed J. 
H Bowen, sworn to on the fourteenth of 
November, 1876, before P. G. Deslonde, 
Secretary ot State. There are S()me re¬ 
marks, as follows: “I have good reasons to 
believe that there were more votes oast at 
pell No. 3 than could be, according to the 
time allowed by law, from 6 A. M. to 6 P. 
M., which plainly can be made when called 
upon to do so by the Returning Board. 
Signed by Thomas H. Bowen, assistant 
supervisor.” 

The following is the aggregate vote:• 


Kellogg. 

Bui ch.. 


McEnerv. 

WirklifTc. 

.2414 

Joseph. 


St. Marlin. 


Shelrlou;.. 


Pod'e. 


Marks..... 


De Blanc. 


Levi ee. 


Seay. 


Brewster.. 


Cobb.... 

.2412 

Joflfroin.. 


Cross. 



For Governor — Packard, 863 ; Nioholls, 
2421. 

President Wells—There is a protest, and 
the returns will have to lie over. 

Mr. Abell—Parish of Orleans, second 
ward, received on the twendeth ot Novem¬ 
ber. 

Mr. Kenner—The first package is marked 
“Tally sheets, second ward, parish of Or¬ 
leans The second package is a consoli 
dated statement; there are protests filed 
with the papers. The consolidated state¬ 
ment is signed by A. J. Brim, assistant su¬ 
pervisor of registration. Sworn to on the 
twentieth day of November, 1876, before 
P. G. Deslonde, Secretary of State. 

The returns from ptdl No. 3 give J. G. 
Roche 247 votes for coronor, upper dis¬ 
tricts, placed on the statement of votes, and 
to the other candidate for the same office, 
none The tally sheets of this poll give Dr. 
Chastant 134 for the same office, which I 
have omitted to credit him with in this 
s’^atement. Poll No. 4—The commissioners 
of election at this poll have not furnished 
me with a written statement of votes polled, 
as required by law, consequentlv I have no 
guide by which I can verifv the correctness 
of their returns. Poll No. 6—Owing to im¬ 
perfect and incorrect returns made by the 
commissioners of election at this poll, I 
find it impossible for me to consolidate the 
votes cast at this poll; acoordingiy, there¬ 
fore, I have omitted it from this return, 
and forward herewith the tally sheets, 
statement of votes, etc , as received by me 
from the commissioner. 

Mr. McGloin—In the canvass of those 
returns you will canvass the statement of 
votes from that poll as part of the returns 
referred to; you won’t omit the count be¬ 
cause he has omitted it from the statement? 

President Wella-^bat depends upon the. 


testimony we may have in regard to the 
count of the poll. 

Mr. MoGloin—I understand he furnished 
a statement of votes. Can we see it? 

President Wells—Certainly. 

Mr. Burke—What is the date of the 
protest? 

Mr. Kenner—Seventeenth of November. 

Mr. MoGloin—Ten days after election. 

Mr, Smith—Will you give us the aggre¬ 
gate vote? 

— Mr. Kenner— 


Kellogg. 

.866 

McEnery. 


Bui ch. 


Wickliffe.. 


Joseph. 


St. Martin.. 


Sheldon. 


Poche.. 


Marks. 


DeBlanc. 


Levissee. 


Seay.. 


Brewster. 


Cobb.. 


Jofiroin. 


Cross. 



For Governor—Packard, 861; Nioholls, 
2059. 

General Smith—What are the votes of 
poll No. 6? 

Mr. McGloin—Is not more than one poll 
omitted? 

Mr. Kenner—No, sir; only poll No. 6. 

General Smith—What is the vote of poll 
No. 6? 

Mr. Kenner—MoEnery 248, Kellogg 83, 
Wieklifte 250, Burch 83, St. Martin 248, 
Joseph 82, Poche 248, Sheldon 83, DeBlano 
247 or 249 

Mr Burke—The figure is so indistinct 
that it is hard to tell whethbr it is a seven 
or a nine on the tally sheets. I would sug¬ 
gest that you send to the Secretary of 
State’s office to verify the figure. 

Mr. Kenner—That can be done when the 
clerk compiles the vote. 

Mr. McGloin—Look at the tally sheet; 
that will give it. 

Mr. Gauthreaux—The vote is 249 on the 
tally sheet; it is very plain. 

Mr. Kenner—(Continuing giving the 
vote)—DeBlano, 249; Marks, 83; Seay, 253; 
L'^visee, 83; Cobb, 248; Brewster; 83; Cross, 
250; Joffrion, 83 

For Governor—Packard, 85; Nicholls, 247. 

The returns from the parish of Orleans, 
fourth ward, were then brougnt in for can¬ 
vass, it being stated by Mr. Abell that the 
returns were received on the sixteenth in¬ 
stant. 

President ells—There is a protest filed 

with the returns. 

Mr. Burke—The protest of George C. 
Paris has no date to it. 

Mr. Kenner—The remarks on the consoli¬ 
dated statement— 

President Wells—It is all right. The 
gentlemen can read it for themselves. 
There is no use reading the remarks. 
Give the aggregate vote. 

Kellogg.1133 MoEnery.1428 

Burch...1133 Wickhffe.1431 

Joseph...... ...... ..1132 Sr.. Maran.,.1431 

Sheldon...1135 Poche.....1423 

Mar^s...1135 D Banc.1425 

Levisee.1134 . Seay.1421 

Brewster....1131 * obb.1430 

Joifrolu..... 1135 Cross. .1429 

For Governor—Packard, 1116; Nioholls, 
1442. 

Mr. Burke—There is a protest on the face 
of the returns. 

I President Wellsr-^^t.it go over... 




















































52 


Proceedings of the Beturning Board. 


Mr. Abell—Here are the returns of the 
parish of Morehouse, transmitted by the 
State Registrar of Voters, with a letter of 
transmission, received to day, the twentj- 
seventh. Tnere are two packages, sealed. 

Mr. Kenner—One of the packages is 
marked: ‘‘The Hon. P. M. Grant, care 
Michael Hahn, State R gistrar of Voters.” 
The o>^her package is marked: Parish of 
Morehouse. “The Hon. J Madison Welle, 
New Orleans, State of Louisiana.” 

Mr. Gauihreaux—One package was re¬ 
turned to the registrar and the other re¬ 
turned to the Returning Board. 

Mr. Ca8^navfc—Both came at the same 
time. Michael Hahn sajs, sent to this 
office by mistake or error of law. 

Mr. Kenner—There are affidavits accom¬ 
panying the consolidated statement. The 
consolidated statement is signed P. M. 
Grant, supervisor of registration, and 
sworn to before A. L Bussey, deputy 
clerk of .the Pourteeoth Judicial District 
Court. There is a world of remarks. Is it 
necessary to r.'^ad them, Go^^ernor? 

President Wells—No, sir. The gentlemen 
can get their copies. Just give the vote. 

Mr. Kenner— 


Kellogg. 


McEnerv... 


Bareli. 


Wickiiff .. 


Joseub. 


S". Martin. 


S' el'toii. 


Powfie.. 

.1739 

Ma ks. 


BeBl^itiC. 


Lhvi-( e. 


Seav. 

.iro 

Bt w.^ter. 

.783 

Cobb. 

.1738 

Joffr in. 


Cross . 



Por Governor—Packard, 762; Nicholls, 
1400. 

Mr. Gautbreaux—I would like to call the 
attention ot the board to the fact that here 
is a protest on the feoe of these returns. 
It has no date here. Thp jurat has no date. 
It IS sworn to before C. B. Whetler. 

General Smith—We will get copies of it 
an't we will know about it. 

Governor Wells—Let the gentlemen have 
conies. 

Mr. McGloin—There is a protest attached 
and a large number of r.ffiiavits not at¬ 
tached but loi se iu the papeig 

Mr. A hell—H -re are the returns from the 
thirteenth ward, parish of Orleans, received 
on'he sixteenth. 

Mr Kenner—The package is signed M 
B. MoGeary, assistant •supervisor, thir¬ 
teenth ward, parish of Orleans. The con¬ 
solidated statement is signed by McGeary, 
on the thirteenth of November, and sworn 
to on the sixt^euih of November, before 
P J. Deslond*^, S cretary ot State. 

President Wt-lls—Do not read the re¬ 
marks Give the result and let the gentle 
men take rheir copies. 

Mr. Kenner— 


Kvll-gg. 

.509 

McEnerv. 


Barca. 


Wickl fif-. 

.553 

Jos ph. 


St. .Maitin. 


Sb- liloii. 


Poche. 


Mark.^. 


De B ar c. 

.553 

Levi ee . 


Seay. 


Brews tr. 

.509 

t obb. 


Juhroiu. 


ClOaS. 



Por Governor—Packard, 510; Nicholls, 
559. 

President Wells—That will do, sir. The 
gentlemen can take their copies. 


General Smith—Is there any protest in 
the papers? 

President Wells—No, sir. There is no 
protest inside. 

Mr. Kenner—Only a general protest on 
the outside as to the counting. 

President Wells—Let it go over. 

Mr. Abeli—Here are the returns of the 
fifth ward, parish of Orleans, received on 
the fifteenth of November, consisting of 
two packages. 

General Smith—How many polls are 
there in the ward? 

Mr. Casanave—Ten. 

Mr. Kenner—The columns on the oonsoli- 
dafed statement are not added up. 

President Wells—Give them to the gen- 
rlemen and let them add them up for 
themselves 

Messrs. Brown and Burke took the con¬ 
solidated statement and cast up the col¬ 
umns, and reported the aggregate vote as 
ollows: 


Kellogg . 


McKnerv. 



.im 

WiC‘ liffs. . 


Jdsepb. 


St Mtrnn. 


Saeld -n . 

.1223 

Po he. 


Mars,8. 

.1222 

DeBlanc . 


Levisee . 

.1221 

Se IV. 



.1222 

Gabb . . 

. 1984 

Jotfroin . 

. 1223 

Cross. 



Por Governor—Packard 1221, Nicholls 
1999. 

Mr. Abell—Here are the returns fr m the 
eleventh ward, parish of Orleans, received 
on the ihirr.eeuth; one package, with a let¬ 
ter attached on the outside. 

Mr Keuner—The consolidated statement 
is sigueil by Lewis Bachers, assistant super¬ 
visor of the eleventh w^rd, sworn to on the 
thineentn before P G. Desloude, Secretary 
of State, and has the seal of the court. 

General Smith—There are no remaiks? 

Mr. Kenner—Yes. sir. 

Gent-ral Smith—No protest in the papers? 

Mr. Burke—On the lace of the remarks 
there is a protest that the supervisor has 
not oomoiled poll No 2, stating that the 
tally sheets and statemen ts of votes were 
not delivered to him by the commissioners. 
The tally sheets were delivered to him by 
the commissioners iu my presence, signed 
by all the comm’ssiouers of election and 
the United Soates assistant supervicor. 

Mr. Kenner—The following is the aggre- 


gatt' vote: 




Kellogg. 


McE"e’’v.. 


B mb. 

.817 

Wic Iffe. 


Jos ph. 


St. Mar.;iu. 


Su' 1 ou.. 


P chf. 


Mu, Us . .. 

.843 

Drblai c.. 

.1760 

Jt-V ft e .. • • 

.846 



Bi<'wtter. 


.. 

Cobb. 


Joff on. 

.846 J 

Cross. 



Por Governor—Packard, 787; Nicholls, 
1780. 

Governor Palmer—Are these totals pro¬ 
duced by leaving out one poll? 

Mr. Kroner—Yes, sir, poll No. 2. 

Mr. Burke—I draw attention to the fact 
that the supervisor states that no tally 
sheets were delivered to him by the com¬ 
missioners of election. 

Mr. Gautbreaux—They are signed by 
Charles J Ledig, commissioner; George W^ 
Church, United States supervisor; C. S. 
Hale, supervisor; A. W. Kempton, oommia- 






































































Ninth Day's Session. 


53 


sioner; A. M. C. Heareey. Now, here is the' 
indorsunont signed by Backers, that Mr. 
A. M. C. Heareey and A. W. Kempton re 
fused to sign their tally sheets as being cor¬ 
rect. 

President Wells—Where does the in-or- 
reotness exhibit itself ? Does that point it 
out? 

Mr. Kenner—No, sir. Here is Kempton’s 
statement: I hereby certify that I have 
reiused to swear to the returns of box No. 
2, poll No. 2, of the eleventh ward, for the 
reason that I believe that they have been 
tampered with, and that I have good 
reason to believe that they are not correct, 
and that I signed them from intimidation 
and fear. 

Mr. Gauthreaux—I would like to say 
that I was present— 

President Welle— Never mind that^ now; 
it will come up again. 

Mr. Gauthreaux—When this man said he 
was pertectly satisfied that everything that 
had transpired— 

Mr. Burke—Would there be anything 
improper in my making a statement at this 
time? 

President Wells—Yes, sii; the opposite 
parties are not represented. It would be 
ex parte. 

Mr. Kenner—The following is the vote in 


poll No 

2 of ward 11: 


Kello’g,. 



Bu ch..., 


.413 

Sheldon., 



Marks... 



Levies e.. 



B 



Joffroiu.. 



Joseph... 



For 

Governor—Packard, 95; 

Nioholls, 


412. 

President W*"lls—Lay the returns aside 

Mr. Abell—Here are the returns from the 
fifteenth ward, paii^h of Orleans, received 
on the fifteenrb < f November, 1876, sealed 
and signed by W E. Ri'igau, supervisor, 
and addres8^*d t > t^^he board. 

General Smith—How many polls are there? 

Mr. Casanave—Six. 

Mr. Kenner -The consolidated statement 
of votes contains no remarks. It is signed 
by Ritigan, s^pervi^'or, and is sworn to on 
the t-mih of November, 1876, before P. G. 
Deslonde, Secretary ol State. 

The aggregate vote ivS as follows: 


Kellogg . 

.113i 

MrEu'rv. 

Wickliflfrt. 


Joseph. 


St. Mat'iiiJ. 



....1133 

Poche. 


Marks. 

.1133 

t)i B HUC. 



.1133 

Seay. 

. 883 

B ews'er . 

. 1133 

Co i). 

.883 

Joffioiu. 


Cross. 



For Governor—Packard 1130; Nioholls 
887 

President Wells—There is a protest in 
the ease of McConnell inside the papers; 
lay aside the returns. 

Mr. Abell—Here are the returns of the 
sixth ward, parish of Orleans; received 
November, 13, 1876, John G. Puchlet, assis¬ 
tant supervisor, addressed to the Returning 
Board. 

Mr. Kenner—The consolidated retuen is 
signed by Putchler, sworn to the eleventh 
of November, before P. G. Deslonde, Sec¬ 


retary of State. There are seven polls in 
this ward. The aggregate vote is as fol¬ 
lows : 

Kellogg.809 McEnerv.1451 

Burch.811 Wukliffrt.1449 

Joseph.809 St. Ma.tiu.1455 

Sh Idon. 810 Poehe.1450 

Malta.810 D BlaUC.1450 

L'Vsee..809 Sea.y.1449 

Bieweter.,811 Cobb.1449 

Johroiu.8il Cross.1449 

For Governor — Packard 803, Nioholls 
1451. 

Mr. Kenner—There are some general pro¬ 
tests and remarks—a world of remarks, bal¬ 
lots rejected, etc. There are no protests at¬ 
tached to the papers. 

Mr Abell—Here are the returns of the 
seventh ward, parish of Oileans, received 
on the thirteenth of November, 1876. 

Mr. Kenner—The consolidated statement 
is signed A. Gondolfe, assistant supervisor 
of registration, sworn to on the tleveuth of 
November, 1876, before the Secretary of 
State. There are twelve polls in this ward. 


All accounted for except poll No, 3, 
following is the vote: 

The 

Kellogg. 


McErery. 


Bui O'). 


Wickline. 


Jo^eph. 


St. Martin. 

...1513 

i’'heiaon. 


Poche. 

...1512 

Marks. 

_1782 

DfB anc. 


Levis le. 

....1781 

Seav. 


Biewster. 

....17H4 

Co b. 


Juflrui.i.. 

....1780 

Cross. 



For Governor—Packard 1772, NiohoJls 
1518. 


Mr, Brown (to General Smith)—The su¬ 
pervisor threw out one of the pulls, because 
the statement ol votes was not handed to 
him in twen'y-four hours after the election. 

General Smith—Bring tnat fact before 
the board and it won’t eland a minute. 

President Well —We have ruled that 
that was not a valid ground for throwing 
out a poll, and consequently when we come 
to the general compilation, I suppose it will 
have 10 be counted 

G>-neral Smith—Have you the vote of the 
poll? 

President Wells—It is not here. 

Mr. Abell—Here are the returns of the 
parish ot St. Landry, just received. There 
are four packages. 

General Anderson having returned to the 
board, President Wells said: Th s parish 
is the home of General Andersen. He 
wi udraws from, the investigation of these 
returns. 

Mr. Burke—This is the largest parish in 
the State and there is no protest in it. 

Mr Kenner—The consolidated statement 
of votes is signed C. M. Williamson, super¬ 
visor registration, sworn to on the fifteenth 
ol Nov( mher, 1876 before James O. Cachus, 
clerk ot the dist'.ict court. 

The electoral vote is as follows: 



.2432 

MeEne'V.. 

.3746 


.2 32 

WieUlift'e.. 

.3'49 


.2432 

St. Ma lin. 

.3744 

i-hr l ion. 


Pi che. 


Ma k.^. 


DeBlaLC . 



...2430 

S a».. 

.3747 

Brewster. 

.2430 

Cobb.. 


Juffroin. 


Cross.. 



For Governor—Packard 2445, Nioholls 
3750. 






















































































Proceedings of the Beturning Board. 


54 ' 


There are some protests, bat they are pro 
tests in the parish offices. 

Mr. Borke—Do you compile that aggre 
gate vote?.. 

President Wells—We will see the nature 
of the protests. Lay it aside. 

Mr. Abell—Here are thei returns of the 
eighth ward of the parish of Orleans, re¬ 
ceived on the eleventh of November, and 
addressed to the Returning Board by the 
suv»erviaor, and sealed. 

Mr. Kenner—Tnere are six polls. The 
consolidated statement is signed by Thomas 
L. Leon, as-sistant supervisor, eighth ward. 
There are.no remarks. The vote is as fol¬ 
lows:' 

Kellnpg..455 MrEnery.1403 

Burch.....455 Wickliffe.1405 

JiiSrpii... 454 Si. Martin. 1405 

SIteidoa....454 Poch .1407 

Maiks.454 DcBlanc.1407 

Levisce.454 Sea.v.1406 

Bre'wster.454 Coob.1407 

Joffioiu.453 Groi-s.1405 

For Governor—Packard, 459; Nicholis, 
1402. 

General Smith—Are there any protests 
in the panert-? 

President Wells—There are two general 
protests; none acooinpauying them 

The returns ot the firdt ward of the city 
were then not in. 

General Smith—When was it received? 

Mri, Abell-^On the thirteenth. 

Mr. Kenner—There are seven polls. The 
aggregate vote is as follows: 

Kellogg. t94 McEnery.2011 

Burch. 694 Wukliffe.2012 

Joseph. 694 Sr, Martin.:^012 

Sheldon. 697 Poche.2009 

Marks. 696 DeBlanc.2013 


Levisee. 695 Seay.2012 

Brewster. 696 Cobb.1012 

Joffioin. 695 Cross.2012 

For Governor—Packard, 694; Nicholis, 

2011. 

Judge Spoftord--Big Cane poll No. 9 is 
protested. The Chicaco box is also pro¬ 
tested on account of intimidation. 

President Wells--That will be brought 
forward. The Plaquemines, No. 13, was 
duly returned. 

Judge Spotford -Will you add another 
United States commissioner to the list that 
you appointed to take testimony? I fear 
that the two that you appointed will not be 
able to take it all. 

President Wells—I will give you four if 
you want them, or hall a dozen more 

Mr Kenner—There are no protests; none 
acoom panving, except the general protest. 

Judge Spotford then presented a list of 
Unit'd Stales commissioners before whom 
he asked that testimony might be taken, in 
addition to the two appointed in the earlier 
part of the day. The list is as follows: E. 

D. Craig, Alfred Ingraham, J. G. Eustis, 
M. T Houston, A. Saucier and W. H. 
Holmes. 

Mr. Burke called the attention of the 
board to the fact that he had received a 
telegram to the eftt-ot that the supervisor ot 
Tangipahoa stated that on Tuesday last he 
had left the returns of that parish with the 
Returni' g Board. 

Mr. Abell denied that he had received 
the returns, and the president suggested 
that there might be a misunderstanding 
about the matter some way or other. 

The board then adj lurned until ten 
o’clock to-morrow. 


TENTH DAY’S SESSION. 


Tuesday* November 38. 

The board met at 10:50 A. M. to day. 
President Wells in the chair, and all the 
members present. 

The minutes of the previous day were 
read and approved. 

G aeral Anderson rose to a question of 
privilege, with reference to an article in the 
Constitution, published at At'lanta, Georgia, 
chargiug chat there were irregularities on 
the part of the b lard with reference to the 
caiiva e of De Sato on Saturday last. 

Ihe following communication was re¬ 
ceived by the board and ordered tiled: 

The following document was presented 
and filed: 

New Orleans, November 23, 1876. 
Hon. J. Madison Wells, President Returning Board: 

Sir —We, the undersigned, beg leave most 
respi ot fully to state that the Hon. George L 
Smith, Republican candidate for Congress 
in the fourth oongrossionul district, has not, 
nor has he ever had, the returns of our 
parishes in his possession or under his con¬ 
trol in any manner, shape or form what¬ 
ever, as represented by the Demooratioi^ 


press and attorneys of the Democratic party 
before the Returning Bnard. 

T. H. HUTTON, 

Supervisor of Registranon, Bossier parish; 

C. L. FERGUSON, De Soto; 

A. W. CORNOG, Red River; 

J. T. MORROW, Webster; 

E. K. RUSS, Natchitoches; 

B. W. WOODS, Rapides, 

Sworn to and subscribed betore me, No¬ 
vember 27, 1876. 

F. A. WOOLPLEY, 

Ccmmii-sioner, United States Circuit Court, 
District of Louisiana. 

Also the following communication from 
General Sbeldon: 

New Orleans, N ivember 28, 1876 
Hon. J. Madison Wells, Chairman Returning Board: 

Sir —Act No. 45, approved March 18,1876, 
extended the jurisdiction of the Seoono. Ju¬ 
dicial District C »urt for all purposes, ex¬ 
cept, probate, over the Sixth and Seventh 
Municipal Districts of the city of New Or¬ 
leans, and in terms provides for the elec¬ 
tion of a clerk for that court in said muni¬ 
cipal districts by the qualified electors 
thereof. So. muck of. said act as relates ta 










































i Tenth Day's Session. 


55 


the election of the clerk in said districts is 
plainly nnconstitutioual. Article eigh y- 
three of the constitution says: “The clerks 
of ihd district courts shall be elected by 
the qualified electors of their respective 
parisnes." That this means that all the 
qualified voters of the parishes shall have 
an opportunity to vote for clerks is too clear 
to require argument. The Legislature can 
not change the requirements of the consti¬ 
tution. 

W. G. McConnell was a candidate for 
clerk of said court, and was voted for all 
oyer the parish of Orleans, as the constitu¬ 
tion provides. This was done advisedly, 
and because his friends believed the con 
stitution required such action. His com¬ 
petitor was voted for only in the Sixth and 
Seventh Municipal Districts. 

W. G. MoC ‘n'lcll insists that he is en¬ 
titled to have all the votes oast for him in 
the parish of Orleans counted lor him. 

It is clearly the duty of the board to 
count these votes and leave the question, if 
there be any doubt about it, to the decision 
of the court having jurisdiction, to he set¬ 
tled on contest. L. A. SHELDON, 

Oi Counsel. 

The board occupied some time in open 
session, and then went into executive ses¬ 
sion for the canvass of the following par¬ 
ishes and wards: The fourteenth ward of 
the parish of Orleans; the sixteenth ward 
of the same parish; also the twelfth ward 
of the parish of Orleans. At the conclusion 
of which the board took up the contested 
parish of Ouachita for the purpose of tak¬ 
ing testimony. 

Considerable discussion ensued, with ref¬ 
erence to taking up the same. 

Henry W, Burrell, colored, was intro¬ 
duced and sworn, President, Wells adminit- 
tering the following oath, on the Bible: 
“Do you solemnly swear that tue statement, 
you are about to make to the Board of Can¬ 
vassers shall be the truth, the whole truth, 
and nothing but the truth. So help you 
God?” 

The witness—I do, sir. 

Judge Spuflford—I desire to state that the 
counsel who have the immediate chaige of 
this case, under the belief that this testi¬ 
mony was to be taken before a commis¬ 
sioner, are now engaged in that business, 
and we have sent for them and their 
cross-interrogatories. I propose that this 
examination be delated until they have 
got here. It was entirely unexpected 
that this would be taken up to-day, 
there has been so much misunderstand¬ 
ing. Our witnesses will be here in a 
few moments. 

President Wells—We will proceed until 
your witnesses come. 

Judge Spoftord—And will you allow me 
to cross-interrogate the witness? 

Mr. Morey—1 shall object to that. Under 
the twenty four hour rule you must furnish 
us with a copy of your cross-interrogato¬ 
ries. That time has passed and we have 
not been served, and we shall object if 
they are brought before the board. 

President Wells—If you are not ready we 
must go on, 


Judge Suofiord—And I can not cross-ex- 
ainiue the witiiesc-? 

President Wells—If you have delayed 
your cr<!Ss-interrogatorie8. 

General Anderson—If your cross-inter¬ 
rogatories are here we will propound 
them. 

Mr. Morey—Ours were propounded and a 
copy served on the twenty-sixth of Novem¬ 
ber at 2 P M. 

Colonel Zacharie—From our understand¬ 
ing, we thought it was thoroughly under¬ 
stood that all the examinations were to be 
taken before a commissiouer, and we had 
made preparations accordingly; and all our 
papers are now in the hands of the gentle¬ 
man. 

President Wells—In the meantime we 
will go on with the examination. I presume 
there are othf-r witnesses. 

Colonel Zacharie—It is impossible for us 
to Comprehend the testimony without the 
presence of that gentleman, in order that 
he may hear the tesdra-my. 

General Anderson—Will your cross inter¬ 
rogatories be responsive to those here? 

Colon*-! Zicharie—My impression is that 
they will be. You have copies of them, Mr. 
Morey? 

Mr. Morey—No, sir. None have been 
St-rved upon us. We were not apprized of 
the appearance of counsel until yesterday. 

Mr. Burke—I um informed that the party 
who served the interrogatories on Governor 
Kellogg slated that he said that he deliv¬ 
ered them, and that he (Governor Kellogg) 
threw them aside, and said that they were 
iuterrogatories and ho would pay no atten¬ 
tion t»> them. Carroll Johnson is the name 
of the messenger who served them. 

Mr. Morey—Do you mean to say that the 
cross-interrogatories were with reference to 
this witness? 

General Anderson (rea'iing)—Interro¬ 
gatories to be propounded to Henry W. 
Biirreli. 

President Wells—This witness is before 
the board at the request of the board. 

Question—Where do you live, and where 
have y )U lived the present year? 

Answer—1 live in Monroe, Ouachita par¬ 
ish, State of Louisians. 

Question—Do you know whether military 
or lifle companies have been organized in 
tue parish of Ouachita this year? It so, 
where were said eompauies located? 

Answer—There have been five to my own 
knowledge; one on the Bayou De Sair, one 
on the inland of Ouaonita, and one in 
Colony and one in the city of Monroe; there 
is another down the river, and at Cuba 
Landing and Log Town. 

Ques ion—Did you see any of these com¬ 
panies receiving their arms? If so, when 
and where? Was it at any house or on the 
road? 

Answer—I have seen the company at the 
city of Monroe receiving their arms, some 
time in May at the Monroe wharf boat¬ 
house, on the bank of Bayou DeSair. 

Question—Did you see any of said* rifle 
companies riding over the p.arish? If so, 
when? Was it just before the election? 

Answer—I have. I have seen them rid- 
icig before the election and since the eleo* 






56 


Proceedings of the Peturning Board. 


tioa on Bayou DeSair, and around tne vi- 
oitdty ot Monroe. 

Q lestiou—Were you arrested by any 
armed oompaoy? If so, where was it and 
about how many were in the company that 
arrested you? 

Answer—I was arrested on the evening: 
of November 4, below Cuba Lindiug Tbe 
company chat arrested me numbered about 
thirty odd, more or less. 

Q lestiou—Where were you going and 
what were you doing whan you were ar¬ 
rested? 

Answer—I started from Monroe on the 
morning of the tweuiy-fourth with a num¬ 
ber of Republican rickets, about 1400. I 
was on mv way to Calowell. I was to de¬ 
liver the tickets to one Robinson. 

Question—Wdat did they do with you 
after you n oi been arrested? 

Answer—Ttiey rook me from Ouachita, 
or over the line, Cildwell, over into Cahl- 
well line. Ttiey had me then to dismount, 
and they searobed me, and then g t hold of 
the tickets that I had. They then gave me 
the tickets back, and brought me into 
Ouachita parish. 

Question—What did they ask you for 
when they had taken you down the road, 
and what did they take from you? 

Answer—They asked me that qups'ion 
again They asked me for papers I could not 
exactly say that they took the tickets away 
from me, because they did not take them 
away from me; bat they made me give them 
to them. 

Question—What did they do with you 
afterwaru? 

Answer—After they bring me on the 
Ouachita line, no; after they had got the 
tickets: they kept me there in the inside for 
about an hoar, and then they turned the 
ticket' back to me, and they bring me 
over into O iaohita and out of Caldwell. 

Q lescion—H iw long did they keep you 
after they took you up the bank on the road 
on the bank ot the Ouactiita river, and 
what did they make you do during the 
time? 

Answer—They kept me from about half¬ 
past five or six o’clock until two the next 
morning; they took them (the tickets) out 
and had me use them up and built a fire. 

Question—What did they make you 
promise to do during this time. 

Answer—Well, they made me promise 
enough. They mwde me burn the Repub¬ 
lican tickets that I had, and made me prom¬ 
ise to join the Democratic club. 

Question—Did you destroy any papers 
you had, and if so, why did you do so ? 

Answer—I did; I de8^ro^ed about 1400 
Republican tickets. I did it because 1 was 
afraid that I would have been murdered if 
I didn’t destroy them. 

Question—What did they say you had to 
do to save yourself? What did one of 
them say to you? 

Answer—They said that tbe only salva¬ 
tion that I had to live was to destroy them 
tickets—burn them or throw them into the 
river. 

Question—Did they give you a pass to re¬ 
turn to Monroe? If so, who gave it to you? 
Who was the pass addressed to, and to 


whom did you deliver it at Monroe? Did 
Captaiu Hale take a copy of ii? 

Answer—Yes, sir; one A A. Licy, di¬ 
rected to Co ouel R Richardson; 1 showed 
the pass to Captain H .le, ol the infantry 
pest at Monrue; I took a copy of the same, 
and then 1 delivered the pass to Colonel R. 
Riidiardson. 

Q lesiion—What did the person say to 
yuu to whom you delivered the pass at 
Mourot ? 

Answer—He told me that was all right, 
that 1 would call on him this afternoon and 
see Dim; that, was Sunday evening that he 
dcliveied the advice. 

Question—Huw many colored people did 
you see when you weie under arrtsr, and 
what did they say to jou? 

Answer—1 beliave there were about eight 
nr tc-n; they told me themsrlv^s to join the 
Democratic party, that they had to do 
be same, and they tUought it was best for 
me to do ro. 

Q lesiii n—What was tbe general feeling 
of tie colored people in legatd to vo'ing? 
D d they wish to vote the D.mocratic or 
the Rrpubliean ticket? What v* as ihe rea¬ 
son they gave for voting the Democratic 
di-kei? 

Answer—The general feeling among the 
colored people there was all to vote the Re¬ 
publican ticket. They had to do this way 
to save themselves In fact, I was told so 
by many of i hem. 

Q H-siion—Was the Republican party 
Well ortiamz d at the time Dinkgrave was 
killed in Ouachita parish? 

Answer—I thought it was. I thought 
there was three or lour dubs in that, vicini¬ 
ty. There was one organiz d down the 
river, and another on the island, and an¬ 
other in the Colony, and one out in the 
country numbered very strongly. 

Question—Was Dinkgrave a prominent 
anu leading Repui lican, and active in or¬ 
ganizing the pirty up te'the time he was 
assassinated? 

Answer—Yes, sir; be was one of the 
strongest Republicans, and very active in 
organizing clubs. I believe he organized 
each one, and there were ten. 

Judge Spoftord—That is the question ob¬ 
jected to. We have sent for our cross ih- 
terrogatories. The objection to these inter¬ 
rogatories is that it is a question suggesting 
its answer; besides, it is rumor. 

Judge Ray—Tne interrogatories are not 
in a court. 

Colonel Zacharie—It is a leading question. 

President Wells—We will take the an¬ 
swer under the objection. 

Judge Spoftord—It has reference not to a 
fact, but to a rumor. 

Question—Did you hear it rumored be¬ 
fore Dr, Dinkgrave was murdered that if 
he did not stop organizing the party that 
he would be killed? 

Aaswer—Yes, sir, I have heard it in the 
country and rolling about the city of Mon¬ 
roe. 

Question—Do you know of any other ac¬ 
tive Repablioans in the parish of Ouachita 
having been killed, or shot, or whipped? 
If so, state the names of the parties killed 
or whipped. 






Tenth Day's Session. 


57 


Answer—There was Primus Johnson, a 
very active Republican. He was killed. 
James Johnson, one of the tir.-*t-class, good 
Repuidicans. He was shot, but then lie was 
a strooiT Republican. Another iustMiice is 
Marion R lohes. He was killed, and Ferdi¬ 
nand B^uuui. There was E trtiu L >gwood, 
shot aa<l wounded. William Loais was 
■wounded and shot. Spencer Dickenson w^as 
shot and m^s l', and there were several 
whipped Toere was a man by the name of 
Diiuer; he was whipped. Daizy Breeze; he 
■was in the bouse wheu he was shot A man 
came to his house and told him he was a 
spirit or a ghost, and they wanted him to 
join the Democratic party. There were sev¬ 
eral more, but I can not mention the 
names; 1 have forgotten them. 

Questiiin—Were not Dr B H Dinkgrave, 
Primus Jol n-=OQ. James J tckson, Ferdinand 
Bvnum and iVlorrisou Rhodes kill d in the 
psii-'h ot Ouachita since August, ^9 
1876; and were they not all prominent 
Republicans; and were not E iCon L »g vood, 
Ben James, Spencer Dickenson, Hawkins, 
Jones Andrews, McCloud, George Shelton 
and yourself shot since August 29 1876; and 
■were they not all epublicans, and most ol 
them took an active part in politics? 

Judge Spofford—That was also objected 
to; it is entirely leadi«g, and can be an¬ 
swered, no sir. He makes a long question, 
and then asks the witness if it is no so. 

^ Answer—Yes, sir. They were all Repub¬ 
licans; they were all leading Republicans— 
leading men in the Republican party. I 
have been acquainted with all of them since 
the twent.y-ninth of August. 

Question—State when and where and by 
whom you were shot; how many shots were 
tired at you; the weapon used; what was 
said by the men who shot you, before and 
after the shooting; who was with the man 
who shot you, and what did he shoot you 
for? 

Answer—A man by the name of Ed. 
Hathaway that did the shooting; shot at a 
man by the name of Henry Clay. He was 
in company with me, coming from Bayou 
DeSair, coming to the city of Monroe. He 

said to him: “No, you sons ot b-, you 

raise your hat, the bulldozers is coming,’' 
and then he shot at Henry Clay, missing 
him; his next shot was tired at me and 
struck me on the arm and breast; before 
that he had shot this Spencer Dickenson at 
Harry Wilson’s, some half mile below me 
on Bayou DeSair; we went on half a mile 
from them; he shot one William Hatterway, 
one Harry Dean; the other man, I don’t 
know bis name. 

Judge Spofferd—He has not answered 
when the hrst man was killed and where. 

The witness—On Bayou DeSair. It was 
on Saturday; I don’t know the d.ate. 

General Anderson—That is the answer 
about the other. 

Judge Ray—Yes, sir. 

Qaestien—What did Hathaway say to 
Henry Clay before and after shooting at 
him, and what did he shoot at Clay for? 

Answer—I don’t know; only because he 
knew he was a Republican. “You always 
have to raise your hat, you sons of b-. 

8 


He says, “Tl e bulldozers is coming; raise 
your hat, you sons of o-” 

Quehtion—Hww far was Clay from you at 
the time he was shot at, and how liuig was 
it after Clay was shot at that Hathaway 
shot you? 

Answer—Clay was about six feet in ad- 
Vrtiioe of me; not over tilteen seconds be¬ 
fore he shot me. 

Question—What effect did the shooting 
auu killii.g and other outrages in Ouachita 
parieb have on you and other colored peo¬ 
ple in regard to victor.i ? 

Answei—It had great effect; I began to 
see thtt we had no protection iher^; I be¬ 
gan to see that we would have to become 
Democrat-; I heard other people express 
the same te* lings. 

Question—Do you know whether many of 
the colored men in Oua-hita parish were 
afraid to sleep in their houses? If you do 
not know it. have you heard them sa'y so? 

Answer—Yes, sir; 1 knew that to be a 
fact, by mv own knowledge; I was afraid to 
sleep in mv own house, and several others; 
I C'lulil call the names, if necessary. 

Question—What was the effect on 
churches and schools of the outrages in 
Ouachita parish? 

Answer—It might take a good deal of 
effect on the churches, but there are no 
schools at present ther-; but I know that it 
effects the churches. The Methodist church 
in my vicinity had to stop their meetings 
at night because the members were afraid 
to Gfo to church. 

Question—Did you hear a toast offered 
by Mr. Garrett, to be drank by him and 
yourself, when you were on your way home 
the day after your arrest, and after you 
had joined the Democratic club? It so, 
what wa-4 the tossi? 

Answer—Yes; his toast was war. After 
tilling the glass or after tilling it with 
whisky, we touched glasses together, he 
eajs: “Bill, he that tells the truth shall 
live, but) he that tells a lie shall die, even 
after the election.” 

General Anderson—There is nothing 
more, Mr. President. 

Colonel Zioharie—I have the cross-inter¬ 
rogatories that were served on me. 

Mr. Morey—I shall object to any cross-in¬ 
terrogatories being propounded now, for 
the reason that Governor Kellogg informs 
me that he has received none, has receipted 
for none, and none of the connsei has re¬ 
ceived them. Under the rules these crose- 
interrogatories are to be served on us, as 
representing Governor Kellogg. 

Mr. Burke—Governor Kellogg has re¬ 
ceived the interrogatories. 

Mr. Morey—He told me, not more than 
tittcen minutes ago, that he had receipted 
for none. 

Major Burke—He has got them. 

Mr. Morey—I would like to see the re¬ 
ceipt. 

President Wells—Let the receipt be pro- 
dneed. 

Colonel Zaoharie—What time were the 
interrogatories in chief served on us? 

Judge Ray—On Saturday afternoon. 

Colonel Zaoharie—At what time? 

Judge Ray—Two o’clock. 






58 


Proceedings of the Eeturning Board. 


General Anderson—November 25 at 2 

P. M. 

Colonel Zaoharie—My impression is that 
those interrogatories were crossed and 
served upon him at the same date. I can 
state to the chair that we never have an¬ 
ticipated that any technicality of this kind 
would be sprung upon us. These gentle¬ 
men have served on us, and we have 
given no receipts since this service on 
Kellogg, and we have taken no receipts of 
our service. We supposed that if the cross 
interrogatories were in in time to conduct 
the examination there would be no objeo 
tion to going to the bottom of this matter, 
and we don’t propose to stand upon techni¬ 
cal objections to probe to the bottom. 

Mr. Morey—I have no objection to these 
interrogatories being asked, if it shall be 
understood that hereafter, in ihe examina¬ 
tion of any other witness by the board,that 
the counsel shall serve those interrogatories 
that we know nothing about; interrogatories 
that may be brought in here at the end of 
the examination of a witness, and it is not 
reasonable for us to be expected to admit 
them hereafter. 

The gentleman further said that we might 
expect to receive them within a reasonable 
time. 

Colonel Zacharie—We have endeavored 
to do so, but the trouble is that ui> to this 
morning the case has not been closed so 
that the defendant could commence his 
line of action. It is necessary for us to 
know— 

President Wells—Go on; propound the 
interngaiories. 

Colonel Zacharie—We reserve the objec¬ 
tion we have made to the iuterrogatori s. 

Judge Ray—Let him look over it while 
we examine another witness. 

Judge Spiiffard—Certainly, we can not 
object. That is what we want, to get at the 
truih and have the interrogatories an¬ 
swered by the witness if we are only 
to answer the truth. 

Mr. Morey—We have no objections to 
the examination taking place immediately. 

President Wells—Let the examination 
take place. 

Question—If you state that rifle com¬ 
panies were formed in the parish of Oua¬ 
chita, and you saw said companies receiving 
arms, state whether or not they were pub¬ 
licly or privately received, when they re- 
Cft’ved them, and whether there was any 
effort or disposition to keep the reception 
of them private. 

Answer—I believe they did received 
them publicly, the portion thit I seen. 

Mr. Morey—I shall note iny objection 
to question No 2 before it is answerrd. It 
is merely on the ground that it is a leading 
question to be answered. 

Colonel Zacharie—They are evidence on 
cross-examination. 

Mr. Morey—I have no objection to it. 

Question—If you state that you did see 
any of said companies riding about the 
country, state fully on what occasions you 
thus saw tb*m, and for what purp (ses they 
were out. Is it not well known to you that 
these companies were not run out as a body 
except to preserve the peace and prevent 


uprisings among the colored people and 
quell any insurrectionary movements among 
those disturbing the public peace? 

Witness—Probably they might have been 
out on that occasion, but I have never 
known of the existence of any uprising in 
our Community. It appears to me they are 
all peaceable there. Even out in the country, 
where I worked, it seems as though we 
were all peaceable people. 

Question—!■> it not a fact that the com¬ 
panies were called on by the sherift of your 
parish to assist as a posse in the arrest of 
oftenders and to preserve the public peace, 
and if so, on what occasion and under 
what circumstances? 

Answer- -I know positively of one gentle¬ 
man once trying to arrest a man—the man 
that shot me; that is the only one that I 
recollect that he was called on by any civil 
authority; still I have seen them out myself 
several times when there was nothing of 
that kind existing -any uprising, fuss or in¬ 
surrection. 

Question—If yon state you were arrested 
by any company give the particulars of 
same, and state whether or not you were 
hurt or hirmed in any way, and if it is not 
true that it was merely a joke and so un¬ 
derstood at the time by you and all present; 
and please state further, whether or not 
you have been since induced by some one. 
and by whom, to work this pretended ar¬ 
rest up into a political outrage and tor po¬ 
litical effect. 

Answer—If we were joking, I did not be¬ 
lieve it at that time. I uon’t believe it 
yet. The other portion of the question I 
have forgotten. 

General Anderson--The question is, 
please state whether you have not been 
iofluenced by some one and by whom, to 
relate this pretended arrest for the pur¬ 
pose of political effect. 

Witness—No, sir. I do not remember of 
being induced by any person. In fact, I 
most know I don’t. 

Question—Is it not a fact that you were 
paid by some one or more to come to this 
city ot New Orleans (and by whom) to give 
evidence in this protended arrest, and in¬ 
ducements offered you to work it up into an 
outrage case for political »ffeot? Give the 
names ot those who approached you on this 
subject and the inducement offered. 

Answer—No, sir; there was nothing of¬ 
fered to me. I was summoned by the 
deputy marshal to report here, not "know¬ 
ing whati I was sent for until I got here. 

Colonel Zacharie—By a United States 
deputy marshal ? 

Witness—Yes, sir. 

The cross-examination was continued at 
some length, without any material facts 
being elicited. 

Mr. Morey—Shall we bring forward 
anonber witness? I wish to introduce Eaton 
Logwood. 

President Wells—Let him be brought in, 
sir. 

Eiton Logwood was then called and 
sworn, and the interrogatories put to him 
by General Anderson: 

Mr. Morey—I would like to inquire 
whether the counsel on the other side have 





Tenth Day's Session. 


59 


any oroes-interro^ratories to be propounded 
to this witness. If so, we would be very 
glad to ^jeoeive copies of thena. 

President Wells—Are there any inter¬ 
rogatories to tbe examination of Logwood? 

Judge Spoflford—They are the same. 

Mr. Morey—I will state that I have re¬ 
ceived none. 

Judge Spofford—The same cross inter¬ 
rogatories were served on Governor Kel¬ 
logg. You will hear the same interrogato- 
teries. 

Question—Do you reside iu the parish of 
Ouachita? If so, in what ward? 

Answer—Yes, sir; in ward No. 1. 

Question—Do you know of the organiza¬ 
tion of any rifle companies or clubs; if so, 
by whom? 

Answer—Yes, sir; Captain Theobold has 
one company, and Captain McCloud has 
another, and Captain Bahn has another. 

Question—Was there any trouble in the 
parish before the organization of these rifle 
companies? 

Answer—No, sir; none for several years. 

Question—Do you know about what time 
Dr. B. H. Dinkgrave was assassinated? 

Answer—I think it was in August some 
time. 

Question—Was Dr Dinkgrave a leading 
and active Republican, and engaged in the 
organization of the party up to the time of 
his death? 

Answer—Yes, sir. 

Question—Do you know anything about 
these armed bodies of men riding through 
the parish or any part of it, during the day 
or night? 

Answer—Yes, sir. They have gone from 
the parish and came by my house. I have 
known them to come down in the night in 
piles or droves. You could hear them sing¬ 
ing: 

A charge to keep I have, a God to glorify. 

If a nigger don't vote with us he ehali therefore 
die. 

Yes, sir, and a heap of them has died, 
too. 

Question—What was the conduct of these 
armed men in ward No. 1 (the island) to¬ 
ward the colored voters? 

Answer—They just told them that they 
had to vote the Democratic ticket with 
them; if they did not they could not stay 
there; they would put them out of the way; 
they would kill them out. They wanted to 
give them a good government and get a 
good President. They had not had none, 
and they was going to give them one. 

Question—To what political party did 
these armed rifle companies belong? 

Answer—To the Democratic party. 

Qaesrion—Do you know of any other 
active or leading Republicans who were 
killed, shot or whipped since Dinkgrave’s 
death, and did not all these acts of violence 
occur since the twenty-ninth day of August, 
1876? Give the names of those who were 
shot or whipped, as near as you can, and 
the time it occurred. 

Answer—Since he has been shot there 
were two men came up to my gate one 
morning about seven o’clock, I guess; I was 
fixing the wagon to haul some cotton off; I 
was on my knees fixing the side boards, and 


one of them called me, and my little girl 
heard them call me and she told me to run, 
that it was some man going to shoot me; 1 
looked over the gate and jumped oft' my 
Knees; when I jumped off my knees he 
said, ‘T nave got you now,” and flred his 
gun; he shot me; I ran round into the house 
and tried to get my gun and go back, and 
by that time I heard him fire again, and 
then I shot my barrel out; when these clubs 
is opened there is a man that is called the 
chapel of the club, who prays, and they 
killed him dead, with his little baby in his 
arms; he was shot at with the baby in his 
arms, and since that time Ben James has 
been shot. 

General Anderson—Let me put the ques¬ 
tion agait-i? Give the names of those who 
were sh-'t or whipped as near as you can? 

Mr. Morey—That is what the witness has 
answered. 

Judge Spofford—I would suggest what 
he knows of his own knowledge, not what 
he heard fiom everybody around the coun¬ 
try. 

The witness—I may answer what I know? 

General Anderson—Proceed and state it 
in your own way and just what you know; 
an» wer it to suit yourself. 

'Witne.ss—-Henry Banks was killed and 
his wife shot; and Jim Johnson, he was 
killed on the wagon we had. That is all I 
know that were killed a,nd shot. I knew 
two men, Garo, who were whipped and 
S'razer’s wife, I don’t know her name; I al¬ 
ways Called her Mrs. Frazer; she was 
whipped very bad. 

President Wells—Were you shot your¬ 
self? 

Witness—Yes, sir; and I feel very weak 
now, too. 

President Wells—Do you know the par- 
tisN? 

Witness—Prom the horse of the man, I 
think I know him; he had on a false face 
w’hen he called and. said he had got me; I 
knew his horse. 

President Wells—Was he from the city of 
Monroe? 

Witness—No, sir; but from the parish, 
I think. 

General Anderson—Can you tell us about 
what time it occurred? 

Witness—Yea. sir; it was from the tenth 
to the ninth of October, one or the other of 
those dates. 

General White—Let me ask you what oc¬ 
curred then—why he got shot? Will you ask 
when the others were shot? 

Witness—Since, then. 

General Anderson—The tenth of October. 

Witness—Yes, sir. Dinkgrave was killed 
on Wednesday, and Thibault came to my 
house on Friday, and about seventy-five 
Qien, and they searched the house for me, 
looking all around for me; he could not 
find me; they asked my wife where I was, 
and she told them that I had gone off down 
the river somewhere she said about two 
houre; I had not been gone a quarter of an 
hour; on Saturday they came back there, 
and they searched the house well for me; 
they searched under the house and looked 
round, but could not find me; they 
sent five men down to the woods; 1 





60 


Proceedings of the "Returning Board. 


was on the pla'fee; they sent five 
down the bayou. They told my wife if I 
didn’t oome to see him on Sunday that they 
were going to shoot me. She said she had 
not seen me. I went to Monroe and came 
home. When I went home I met him on 
the road. I told him I understood that he was 
hunting me; I said I didn’t know what ibr. 
He didn’t say he was going to shoot me, but 
he told that me he was going to take me out 
for voting against him, and he was 
going to have me tried by law and 
said if I was found guilty I would be pun¬ 
ished according to law, and if I was found 
not guilty I would have to get away from 
there, to get me out from there some way 
or the other; I went down to the town to 
stand my trial; I didn’t know what it was 
for; I asked Judge Ray, and he told me he 
could not hurt any one for having voted 
against him or for having run away for 
fear of being killed; I hadn’t done any¬ 
thing, and he told me to go back home; I 
told him no, I was not going back there; I 
was afraid to go back there, and I was not 
going; I told him that, sure enough, there 
were some soldiers there, but they could kill 
me and get out of the way beftjre the soldiers 
could come there. Captain McGinniss, I 
think his name is. asked what was the mat¬ 
ter with me that I could notstav home; and 
he told me that I could stay home; that no¬ 
body was going to hurt me; that he would 
be responsible for me. And I went home 
TO my wife and picked my cotton, and Mo- 
Enery told me if I would go home and not 
go to any political meetings whatever xn 
the town and stay at home 1 would not be 
hurt at all. 

President Wells—What McEnery was 
that? 

Witness—Tenor McEnery they called 
him. 

President Wells—Is he a connection of 
the Governor ? 

Witness - Yes, sir, I think he is some; I 
don’t know, sir. 

President Wells- Did you attend the elec¬ 
tion ? 

Witness -Yes, sir; I went and voted in 
Monroe; I got a buggy and horse and rode 
up there. 

President Wells—Is your sickness pro 
dnced from the shot you received ? 

Witnei-8 "Yes. sir; every dav the doctor 
runs a probe into me about that deep- - 
(about a foot). 

President Wells — Where were you 
wounded 1 

Witness—I was shot five places in the 
arm; I have a ball in my arm now; that is 
what keeps me so low down; I can hardly 
now move aOoui. 

President Wells—Were you shot at your 
own houst? 

Witness—Yes, sir. 

President Wtl^s—In your own yard? 

Witness—Y*s, sir. 

President Wells—Are yoa the owner of 
the property? 

Witness—Yes, sir. 

President Wells—Did you buy it? 

Witness—Yes, sir. 

. President Wells—Have you paid for it? 


Witness—I am owing something on it still, 
though. 

Question—Were you not shot on account 
of your politics? It so, state by whom and 
when. State all the circumstances attend¬ 
ing your being shot? 

General Anderson—He has already an¬ 
swered that 

Judge Spoflford—He has not stated by 
whom. 

General Anderson—I will read the ques¬ 
tion again. 

The witness—The man I took it to be was 
Bob Logan, and Captain Phillips came 
down two or three days afterward and I 
told him so, and I do believe it was him 
until to-day. He says if I told him so that he 
is going to kill me; he has told several of 
them so, and if he asks me I will tell him I 
believe it was him, because I do believe it 
was him. 

Question—Did you ever appeal for pro- 
tecfcion to any commanding officer—if so, to 
whom? 

Answer—Captain McGinnis. 

General Anderson—Du you belive you 
were shot on account of your politics? 

Witness—Yes, sir; I do believe it was so. 

Colonel Zdcharie—Then the question is 
asked how he knows it? 

General Anderson—He states by Bob Lo- 
gau, on the ninth or tenth of October. 

Question—Were you not afterward as¬ 
sured by some prominent Democrat that 
you would not be harmed previous to your 
being shot? 

Answer—Yes, sir; Mr. McGinnis told me 
that I would not be hurt; to go home. If I 
would go home I would not oe hurt, and I 
believed it; and afterward I told McGinnis 
he was respomible for me, and I went home. 
I would never have went home, but would 
have allowed my cotton to waste in the 
held. All my cotton is in the field now; no¬ 
body can take it up. My wife could not; 
she had to stay home; she had to wait 
on me. 

Question—Did the orgmization of rifie 
ooiup4nies, riding over the parish day and 
nighr, the killing, shooiing, whipping, etc., 
of Republicaus, have the etteot of lutimi- 
dating the colored voters of your ward- -of 
your parish geuerali^? 

Answer- -Yes, sir, ir did. 

Colonel Z tcharie- Wt have it understood 
that all leading qut-stions are objected to? 

General Anderson—Yes, sir. 

Q lestiou- -Before any acts of violence 
were practiced Ity these armed companies, 
had any member of the Republicans or 
your ward jidned any Democratic club? 

Answer--Yrts, sir. Ih^re were about ten 
or fifteen tf at had joined fhem before. 

Q i*-atiou- -Are you considered as a lead¬ 
ing Republican in your ward, and are you 
well acquainted with the voters in said 
waro? 

Answer—Yes, sir. Leading Republican, 
and am well acquainted with them, and 
they look upon me as a leader. 

Question-Do you know of any Repub¬ 
licans of your ward who have been driven 
from their houses because or their politics? 
An8wer-!?-Yes, sir; I know several of 




Tenth Day's Session. 


61 


them; I know more than I can name right 
now. 

Question—Did not the employers of the 
colored voters in your ward have in their 
possession all the crops and means raised 
by the laborers on their places during the 
year? 

Answer—Yes, sir. 

Question—Djd those who were compelled 
to abandon their homes and crops get any¬ 
thing for their crops? 

Answer—No, sir. 

President Wells—What became of their 
crops? 

Witness—They were left on the place, 
and then their employers would hire men 
to go out and get ir, and some would ask to 
go back; they have not let any person hire 
them, and some have taken the cars and 
gone off to some place else. 

Question—What would have been the ef¬ 
fect on colored laborers, or a larger portion 
of them, had they been driven from their 
crops before the election? 

Answer—It would have been starvation. 

Question—Were not the colored Repub¬ 
licans compelled to join the Democratic 
clubs to save their lives and for the pur 
pose of being able to sleep in their houses 
at night in peace? 

Answer—Yes, sir, they were compelled 
to do that. I have been going along a road 
and heard little babes crying out in the 
woods. I have stayed there, being alraid to 
remain at home, and the mosquitoes were 
very bad. 

Question—How many votes were lost to 
the Republican party by means of all the 
violence, intimidation and bloodshed that 
occurred in your ward? State as near as 
you can? 

Answer- -I think about 300; between 300 
and 400. 

President Wells—Then you have a large 
ward? 

Witness—Yes, sir; a very large ward. 

President Wells—Are there many large 
plantitiuns? 

Witness—Yes, sir. 

President Wells—Who are the largest 
land holders in this ward? 

Witness—C iptain Puiilips, I believe. 

President Wells—Do you know the num¬ 
ber of colored men employed by him in cul¬ 
tivating the plantationf? 

Witness—No; but I guess there were over 
100 

President Wells—Do you know the prin¬ 
cipal leading men of his plantations? 

Witness -Yf-s, sir. 

President Wells -Are there any cross¬ 
interrogatories ? 

Colonel Zacharie- No, sir; we have none. 
Will you allow Mr. Stubbs, of Ouachita, to 
examine the witness? 

President Wells -That will be contrary 
to the rule. 

Judge Spofford- But I think in this case 
it might be allowed 

Mr. Morey—It was suggested by one of 
the counsel that the same cross-interroga¬ 
tories propounded to the other witness be 
propounded to this one. We don’t obiect. 

Mr. McGloin—There are several ques¬ 

tions to e»Qh partioular ease. 


Mr. Morey—-They should have been 
served on us. We had a right to know 
these things. We have another witness 
whom we would like to examine. 

Eliza Pinkston, colored, one of the wit¬ 
nesses, was brought in on a chair by a 
couple of colored men, attended by a col¬ 
ored woman. 

Judge Spofford objected to proceeding 
any further until counsel for the defendant 
had time to file interrogatories of witnesses 
coming in on «he train. 

President Wells—It was said yesterday 
that ex parte affidavits would be taken 
trom the record, and we would pay no fur¬ 
ther attention to them. 

Judge Spofford—But we have no time to 
write interrogatories or oross-interrogato 
lies. It is a case of unfiirnees, or we 
should have the opportunity to cross-exam¬ 
ine and introduce our witnesses under the 
rule. 

Mr. Morey—It strikes me that there is no 
such charge, in that copy of those affida¬ 
vits have been served on counsel since the 
fifteenth instwnt. We have been expecting 
cross-interrogatories, and they have not 
been furnished to us. 

Judge Spofford—In answer to that, I 
state that we were.,drawn off by the an¬ 
nouncement that ex parte affidavits would 
be received, and it was stated that the fil¬ 
ing of cross affidavits would be allowed, 
and therefore we dropped the idea of filing 
interrogatories, and we were going to op¬ 
pose the Ouachita case upon the fifing of 
affidavits. Upon this morning for the first 
time I am taken by surprise by the bring¬ 
ing up of the case in this manner. 

Mr. MeGloin—Bt-sides that, we commu¬ 
nicated with Ouachita, and put our case in 
the Pinkston matter in the shape of affi¬ 
davits that have come down. This new 
chinge of the rule has made it so we can 
not get witnesses down. 

President Wells—We shall not delay. 

The witness was sworn, and the follow¬ 
ing interrogatories were propounded to her 
by G neral Anderson: 

Question — Du you live in ward one, 
known as the Island, in the parish of 
Ouachita? 

Answer- 1 don’t know nothing about 
wards. I live in Ouachita parish, at Hugh 
Young’s place. 

Q lestion- Do you know what has be¬ 
come of your husband, Henry Pinkston? 

Answer—Yes, sir. 

Question-Was he killed in the day or 
night time? 

Answer—He was killed in the night—in 
the morning, before day. 

Question—Was he in his house and in 
bed when his murderers attacked him? 

Answer— Yes, sir. 

Question—Give the names of those who 
attacked him, and the manner in which he 
was treated and killed. 

Answer—Dr Young was the first one that 
attacked at my door. 

Mr. Morey—Please propound the ques¬ 
tion so she may understand it. 

General Anderson—You say that Dr. 
Young was there? 

The witnesa-^He waa the h?fit one. They 





62 


Proceedings of the Peturning Board. 


all rode by, thirty or forty, and they said: 
“Is Henry io? A friend oi H nry’s is come 
to guide bim to Monroe.” I said: “Bar, 
doctor, you are non Hrory’e friend.” I 
peep* d through the crack, and E<rly burst 
the door op^u. Captain Craig cried out: 
“Gag him! He votes no Radical ticket here. 
He may vote it in hell. He has voted thus 
far, and he may vote it no further.” They 
came in the house and they gagged him 
That is when they cut him in the leg. I 
said: “Oh, Lord! don’t kill my husband; 
that is all I have got.” One man struck 
me in the face, on the head, with his pistol. 
They said: “Leave the damned 8i>n of a 
bitch.” I said: “That is my husband.” I 
grabbed Dr. Young, and he struck me with 
his pistol and knocked me down on the 
hearth. 

President Wells—:How many other s be¬ 
sides Dr. Young'f 

The witness—There were several. I was 
a stranger in that parish. I knowed no 
more than what each other called the 
names—Prank Derras. I know him because 
he had his cose off. He was the only one, 
and Captain Tebault, that I knowed person¬ 
ally. 

Question—Why did those parties attack 
anu kill him? 

Answer—They tied his legs together and 
dragged him out of the door and. shot him 
seveu limes. Tney had a pocket handker 
chief over his mouth. 

President Wells—How may times did 
they shoot him? 

The witness—Everv time he was shot, he 
drew hij breath. They shot him seven 
tiorres. 

Question—State what those parties told 
your husband about fooling them as to his 
joining their Democratic club. 

Answer—He told them that he had tooled 
them thus far, and he would fool tb^m no 
further. One man said “hurrah for Brews¬ 
ter,” and he said, “I reckon by daylight 
Brewster would be damn sorry that he had 
got in this parish.” 

Quesnon—Was not Henry Pinkston an 
active Republican, and was he not killed 
on chat account? 

Answer—He was killed because be was a 
Republican. They tiually got him. Tebault 
said: “Give him hell, the damn sou of a 

b-, he will vote no more Radical tickets 

herr; he will vote it in hell.” 

Question—State how you were treated, 
and who illtreated you? 

Answer—I will tell you. The doctor, the 
same man that shot Henry shot me once. 
Some of them, I did not know who they 
were, had dealings wirh me, and one spoke 
to another, and said: “I want some of that.” 
They held my legs up and jumped on me. 

President Wells—Did you see them that 
shot you? 

Witness—Ys, sir; they shot me twice. 
When they came in the house they told me 
to put my baby down. I told them, “No 
sir.” 

Question—What became of your child? 
If it was killed, who did it? 

Answer—They came in the house and 
said, “Pat your baby down;” I said, “Oh, 
no, sir; what do you want to kill me for? 1 


am nothing bnt a woman; if you kill me, 
kill the whole of us;” they cut ray baby’s 
throat from ear to ear; I raised my hand 
and—and I let my baby fall; they wanted 
to take somethiog fn>m me before they 
killed me; two of them had dealings with 
m-i before they shut me, and before they 
commenced dealing with me I ran under the 
bed, when he shot me in the leg; 
I ran under the bed; they caught me by 
the leg, and pulled me out and broke the 
bed; they out me with the ax. One man 
said: “If you are going to kill the woman, 
don’t be bothering with her;” and they 
wanted to kill me, and he out me with a 
knife; I struck him, and it flew up, and 
they never saw it again; they got another 
knife, and they cut and stabbed me, and 
they cue me on the legs with the ax, and on 
the side 

At this point the woman unfastened her 
dress and exposed her breast, which was 
all out up, and was a most hoirible sight to 
look at. 

The effort of the examination caused her 
to taint, and the examination was therefore 
delayed for a few moments until she had 
recovered. 

Question—In your last answer you stated 
that your child was killed; what became 
of your child’s body? 

Answer—They threw it in the* lake, and 
we did not find it again under eleven days. 

Question—Do you know of anyone else 
being killed, shot or whipped on account of 
their politics? 

Answer—I don’t know, sir, nothing about 
it. I walked down to the river and I seen 
Marian Rhodes in there with his guts out. 

Question—Do you know of any who were 
driven away from their homes on account of 
their politics. 

Answer—I don’t know, sir, what you call 
politics. I don’t know w!io they drove 
away but me; all I know is about myself. 

Question—Did not many colored voters 
have to leave their homes at night through 
fear of these armed men riding over the 
parish at night? 

Answer—Yes, sir; I went to a heap of 
people’s houses and they were lying out in 
the woods to keep from the bulldozers; two 
stayed up to the ginhouse with me; both 
were women. 

President Wells—You said that your 
husband had been thrown down; what was 
the action of the parties that threw your 
husband down; what portion of his body 
did They cut; did they cut any portion of 
his bodj? 

Answer—Oh, yes; they put a knife 
through and througu him; you could hear 
the knife grinding like you out new leather; 
Captain Teabaulc told somebody to jerk his 
arms out. 

President Wells—What part of his body 
was cut? 

Answer—He was out down below and he 
was cut in the ear. 

Question—You stated in your answer that 
they had treated you improperly in regard 
to your person—that they had improper in¬ 
tercourse with you. Was that before or 
after you were shot? 

Answ6r-- That was before I was shot: 







Tenth Day^s Session. 


63 


they done nothing but this, and they asked 
the boys if any more of them wanted some, 
and then they went to shoot me. This 
thing was done outside in the moonshine. 
They took an ax to out me, but the ax flow 
off the handle. 

President Wells- -They flrst ohopded vou 
with an ax ? 

Answer—Yes, sir; and struck me in the 
head with a pistol. Taey killed my child 
when they were fooling with me. * Alter 
they had killed my child I weut to fight 
them with all my might. Then Logan 
stamped me here (pointing to her breast), 
and somebody knocked out all my jaw 
teeth. I did not have a hollow tooth in my 
head. 

Mr. Gautbreaux -Would we be allowed 
to put a questii n to t he witness? 

Piesideut Wells—You ought to flle your 
cross-interrogatories. 

Mr. Gokuthreaux—What we want is the 
fullest investigation of the case, and there 
seems to me there could be no objection on 
the part of the board to any and all ques¬ 
tions that can throw any light on this in 
vestigation. I would like to ask this ques¬ 
tion of the witness: It she did not, on the 
morning after the occurrence, state to John 
Swanson and Tidwell that a colored man 
had killed her husband. 

The witness, emphatically—Oh no! They 
were not. Tnere were two colored men 
there, but Tidwell told me not to tell who 
they were. Oo, no; oh, no; no, no, no. 
We ain’t going to have it that way. Ob, 
no, sir; they were white men. They all 
came back; and tiied to ki 1 me, but they 
can not have anything that way. 

Mr. Morey—We have no objection to the 
fullest cross examination by Judge Spol- 
ford. 

Judge Spofford—We are taken by sur¬ 
prise by the course taken by the board— 
the rul ug ol the board—and we are not 
prepared to go on. 

Governor Palmer—I may here take occa¬ 
sion to say ihat this case invldv^8 more 
than a pr. sidential election. It involves 
the dignify and the honor of human na¬ 
ture. I think that you will hardly satisfy 
the country unless you give such directions 
as will lead to the complete develooment 
of all the fads iu this case. Certainly the 
people have no right to claim any sort of 
government like that which is attempted to 
be shown here. I Think you owe it to the 
country to allow all the facts to be devel¬ 
oped. 

Senator Sherman—I concur wi^h Gover¬ 
nor Palmer. I would like to have Governor 
Palmer and Judge Spofford cross examine 
wi'ness, so we might have the facte. 

General Smith—The mere cross-examina¬ 
tion of this case would not develop any 
thing. It 18 to investigate the facts irom all 
the witnes.ses, within a reasonable number, 
who may know the oharaorer of this irans- 
aotiun with this woman as detailed. I con¬ 
cur with Goveinor Palmer in what he said. 
It does not, sir, concern parties, but con¬ 
cerns humanity. 

Mr. Parker—You could not be permitted 
to say that to give any further privilege 
than simply to say to the leading counsel 


on the other side, cross examine this wit¬ 
ness, would be to give miire privilegss than 
is usual in courts of ju-tice. It would be a 
very great gratilioaiioa to me it the exami- 
naiiou could be carried on wiihout the an- 
noyaLce of interrogatories, but by such 
gentlemen as are now before me, Mr. 
Smiih or Mr. Palmer on the one side, with 
any gentlemen who may be nominated by 
the board on the other. 

General Smith—If the board will pardon 
me, I desire to say that we do not dr-sire to 
interfere in the examination of witnesses. 
It would be proper that either side should 
do that. There are men entirely competent 
here on both sides to investigate thorough¬ 
ly the facts of the case, and a mere cross- 
examination of this woman would amount 
to nothing. The suggestion made by 
Governor Palmer that every fact con¬ 
nected with the circumstances which 
this woman d'etails, either can or can 
not be sustained. I can only state that 
I am informed that gentlemen who live 
in the neighborhood, whose character, so 
lar as I know, is good, claim that the mat¬ 
ters here set fortn are not true, and they 
desire, and the conntry, I know, desires, 
after r(?ading the statements of this kind^ 
of the entire facts, and shall be set out in 
reference to the character of this transac- 
lion. A mere cross-examination of the 
witness the geutleman. as a lawyer, knows 
would amount to nothing. And moreover, 
I would say that ibis proceediug is not con¬ 
ducted precisely as a case in court. Then, 
certainly, it can not rest upon a cross-exa¬ 
mination alone. It would be proper to sub¬ 
mit it to a court or a jury whose province 
it was to determine the real facts in the 
matter. 

Mr. Parker—There is no disagreement 
between us. Let the croas-examination 
-proceed, and at the proper time bring it in 
the courts. 

Judge Spctft^rd—We have just arriving 
on tae train a large number ol wituesses. 
O-ving to the change in the rules we will 
nave to serve our luterrogatories tweuty- 
four hours on the opposite counsel. I ask 
as a matter of simple justice that this case 
be postponed until wo can contorm to the 
rule. We are taken by surprise. 

Judge Ray--I desire to call attention 
that VO are compelled to make our return 
next Tue^day, or by Monday, as on Wed¬ 
nesday the electoral vote must be given. 
If we depart from our rules so far as the in- 
vt stigatiun is concerned, we will not be 
able to arrive at a result in time. There 
are some four or five parishes still where 
investigati-ms will have to be made. Now, 

I hope there will be no departure from the 
rule The courts of justice are open, and 
the matter could be prosecuted there and 
the whole tacts could be brought out. 

Mr. McGloiu—I would like, as a white 
oitiz>)ii of Louisiana, to say a word. I have 
in my hands the affidavits which will clear¬ 
ly disprove that this outrage was committed 
by white per^on8. We have a, number of 
distiugnished gt-ntlemen herefrom all parts 
of the UuioD. This thing is an imputation 
upon tiie reputation of every citizen of 
Louisiana. Now, we will have a witness 






64 


Proceedings of the Peturning Board. 


here to morrow; but I say, thou^ih the 
heavens fall, let us clear this stain off our 
escutcheon, and slow that the people of 
Louisiana are not such fiends as they try to 
st.O'v that they are. We will take the testi¬ 
mony in any way that you desire. 

Judge Kelley, of Pennsylvania—I desire 
to state it 18 now pioposed to cross-examine 
the witness, it they will. I have never 
known counsel to refuse to cro'S-examine a 
wi ness lor the State until after the coin- 
mun wealth’s case should be closed, and out- 
desire is that you cross examine that wit¬ 
ness. 

Ge eral Smith—What the gentlemen say 
is that their friends from Ouachita who 
know all about the transaction ai e not here, 
but will be in a very short time Upon 
their information they can intelligently 
cross examine the witness. Without tbem 
they Can not. 

Mr. Pasker—Do they pretend ignorance 
of ihe details? 

Mr. Morey—All the interrogatories were 
known to the counsel on the other side 
since the twenty-fifth instant. They have bad 
ample time to inform themselves. They have 
•had the opportunities to propound inter¬ 
rogatories. It is a lact that it is public no 
toriety, and I venture to say that tbe wit 
nesees will never come here unless they 
come in the custody of the United States 
marshal. 

Governor Palmer—I don’t want to be un¬ 


derstood as interiering with the mere po¬ 
litical contest before tbe board; ihat is a 
matter I have scrupulout-ly avoided. I see 
before me a woman who has been foully 
dealt with; certainly it is horrible. Whether 
it aff’ c’s Tildeu or Hayes, it is a matter of 
no ooLSt-q'ience. The board ouaht to aid 
us in ariiviug at the truth. If possible 
name one member of your board who can 
go to another room, and allow the examina¬ 
tion to go on without referring to the vote— 
you will do an act of justice to the country 
and the people of thi« State. 

President Wells—We ai e here to decide a 
political question, an<t the reputation of 
any one does not depend upon our decision. 
The cuuns are opened for these investiga- 
tious, aiid there is an opportunity to have 
the whole utatter sittetl, and the board 
must go on. If the gentlemen don’t desire 
to cross examine the wiiness under the ar¬ 
rangement agreed upon by counsel on the 
oppOi-ite, propound other interrogatories. 

Tbe discussion was continued for a con¬ 
siderable leDgtn of time, at the oorulusion 
of which the board called Ben James, who 
was examined and testified as to his treat¬ 
ment received at the hands of the bull¬ 
dozers, and when he had finished his testi¬ 
mony the deiense concluded tnat they 
would cross-examine the widow woman, 
Mrs. Pinkston; and they cross-examined her 
at some length, at the conclusion ot which 
the board adjourned until ten o’clock to¬ 
morrow. 


ELEVENTH DAY’S SESSION. 


Wednesday, November 29’ 

The board was called to order at half¬ 
past ten o’clock, President Wells in the 
chair and all the members present. The 
minutes were read and approved. 

Messrs. Stoughton, Garfield, VanAlen 
Kelly and Wbiie were present at the ses¬ 
sion of the board on behalf of the Repub- 
lioan delegation. On the part of the Dem¬ 
ocratic delegation, Messrs. Trumbull, 
Palmer, Smitb, Watson and Julian were 
present 

On the call for motions, Mr. McGloin 
stated that he understood ihat for some 
time past the returns from the parish of 
Livingston bad been handed in on the 
twentieth instant. He asked that they be 
opened and counted by the board, they 
being signed by ail parties. 

President Wells—Tbe board must go on 
under its rules. We must take up the im¬ 
portant case of Ouachita, which must be 
determined this morning. 

Mr. McGloin—Is not that proper? 

President Wells—Whenever ihe returns 
are presented we will take them up and 
open them. 

Mr. McGloin—Here are the returns. 

President Wells—We will take them up 
hereafter. 

General Anderson—Let us open all the 
packages received up to the present time. 
President Weils—If these documents from 


the parish of Livingston were received from 
the proper channel, you should get a 
proner receipt for it. 

Mr. McGloin—Will you order the clerk 
to receipt ti>r these? 

President Well*—It is his duty, without 
further order. We must pass on. 

Mr. Gauthreaux—One other question. 
Yesterday, when you were requested to 
telegraph for certain duplicate returns, in 
ihe hands of the clerk of the distiict court 
for this parish, for the returns which have 
not been made here, under the discussion 
that arose upon that subject, General An¬ 
derson stated that in Natchitoches parish 
the boxes were in the hands of the Demo¬ 
cratic United States supervisor. 

General Anderson—I did not make that 
statement. He has reported that, and has 
got me incorrectly reported. 

Mr. Gauthreaux—I would like to state 
that the ballot boxes in Natohitoebes are 
inside the clerk’s office. He has placed 
them in the iron safe and has sealed them. 

President Wells—I know that that safe is 
honest, and the law requires that these doc¬ 
uments shall be filed in the clerk’s office. 
If they were taken out of that office, the 
law is not complied with. It is positive 
upon that point. 

Mr. McGloin—But we desire it distinctly 
understood that they are in the custody of 
the deputy clerk. * 








Eleventh Bay's Session. 


65 


General Anderson—They should be in the 
clerk’s office. 

Judge Spofford—In regard to the promise 
that unless the returns were brought in 
within twenty four hours we should have 
an order from the board directed to the 
clerk of court to produce the original, I 
would suggest that the twenty-four hours 
have expired, and we ask the clerk which 
parishes are now in order, that the order 
may state which are not in. 

President Wells—What are the parishes 
not yet reported ? 

Governor Wickliffe—The boxes from East 
Baton Rouge are in the courtroom, in the 
custody of the officers. They wish to de¬ 
liver them to the custody of the Returning 
Board, and I would suggest that your 
board open these boxes, which are referred 
to as containing ‘^^he returns, and seal them 

President Wells—They will be opened 
when the parishes are taken up. 

Colonel Zacharie—I desire to call the at¬ 
tention of the board to an article which ap¬ 
pears in the New Orleans Republican, In 
which it is stated that the woman Eliza 
Pinkston, whose story was told before the 
board yesterday, was asaaulted by a num¬ 
ber of parties last night, one of which par¬ 
ties was one of the parties whom she ac¬ 
cuses of having murdered ber husband. I 
suggest that this is a grave charge, and 
that the authority of this board has been 
taken, if such a thing is correct, in utter 
contempt, because everybody who is called 
as a witness before the board has the right 
to be protected by them. I know all the 
parties were at headquarters last night, 
and there is not a word of truth in this re¬ 
port; but I suggest that the board is bound 
to inquire into this alleged contempt of its 
authority; not only that, but as a proper 
means of defending a portion of the com¬ 
munity from such an infamous charge. I 
hope that the board will take steps in this 
matter. 

President Wells—The board has no au¬ 
thority in the matter. It is a criminal of¬ 
fense, and the courts must be resorted to. 
The board must decline to have anything 
to do with it whatever. 

Colonel Zacharie—Will the board allow 
these people in their own defense to appear 
before the board and testify in regard to it? 

President Wells—Take them before the 
courts and get their testimony. 

General Anderson—After a witness de¬ 
parts from here we Lave no further author¬ 
ity. Suppose she had testified in a criminal 
case and this attack had been made after 
she had left the courtroom? The court is 
not responsible. 

Mr. McGloin—The law is clear. 

President Wells—Gentlemen will close 
this discussion. It don’t apply to the ques¬ 
tion before us. 

Mr. Morey—I have some other witnesses 
from the parish of Ouachita that I would 
be glad to examine, two military officers 
who have been on duty for some time in 
that parish. Will the board hear thorn? 

President Welle—We can not hear any 
more. Wc have agreed to hear the testi¬ 
mony of two witnesses in rebuttal of the 


testimony we had before us yesterday, and 
we can’t spend our time now. We must 
decline your motion. 

Mr. Morey—If that is the decision of the 
board, allow me to inquire if, in the exam¬ 
ination the rules are to be observed, that 
those only are to be examined to whom 
interrogatories were propounded and copies 
served on us, or is it proposed to introduce 
witnesses of whose examination we have 
had no notice? 

President Wells—There will be but very 
little testimony given here You will have 
the right to cross-examine the witness. 

Mr. Morey—Very well. I have no objec¬ 
tion to that. Introduce anybody. 

President Wells—We must close this tes¬ 
timony by Friday evening, at four o’clock, 
and you must prepare to have your testi¬ 
mony in by that time. 

Judge Spofford—Will you fix the day— 
we don’t care what day—in which they 
will be taken up, so that we may prepare 
in order that they shall be arranged? 

President Wells—When we get through 
with this one, then we propose to take up 
and open the returns from the other 
parishes. With reference to the protest of 
Colonel Zacharie and others in regard to 
the city election, the board are not satis¬ 
fied in their own minds upon that subject, 
and we would be glad to be informed in re¬ 
gard to the naturalization laws and other 
subjects connected with it, and would be 
glad to hear counsel on both sides—one 
hour each—confining themselves to the 
frauds that are alleged to have been com¬ 
mitted in procuring this election. 

Judge Spofford—As to Colonel Zacharie’s 
protest only? 

President Wells—Yes, sir. 

Colonel Zacharie—I would ask that 
Messrs. Stubbs and Colonel Richardson, 
from Ouachita, be admitted as counsel in 
this case. 

Mr. Abell stated that the returns from the 
parishes of Grant, Lafayette and Tangipo- 
hoa had not yet been returned. 

Judge Spofford—Will you issue the order 
by telegraph to have these papers sent in ? 

President Wells—Yes, sir. 

Judge Spofford—Also to procure the ori¬ 
ginals. One or two are in the city, I am 
told. 

President Wells—They are in the boxes, 
are they? 

Judge Spofford—No, sir. 

President Welle—Should not the dupli¬ 
cate copies be in the box? If they are not 
in the boxes we can not receive them here. 

J udge Spofford—They are originals filed 
in the box according to law. 

Mr. McGloin—I don’t believe the law re.- 
quires them to be put in the boxes. 

President Wells—Better bring the box 
containing them. 

Mr. Morey—Do I understand that all the 
testimony in regard to contests from the 
parishes shall be filed by Friday evening? 

President Welle—Yes, sir. Friday even¬ 
ing, by four o’clock. 

Mr. McGloin—It is impossible for us to 
get our testimony in from some of the 
parishes. 

President Wells—I can’t help it. I said 






66 


Proceedings of the Beturning Board. 


several times that the time should extend 
only to this date. Now I extend it to Fri¬ 
day. To-day was the day fixed to close the 
testimony, snd the board now extends it to 
Friday, at four o’clock. 

Mr. McGloin—You know you didn’t open 
the contested parishes until late last week, 
and the testimony from some of these par¬ 
ishes it is difficult to get here. 

President Wells—Webster must go over. 

Governor Palmer—We suppose we are to 
have copies of all the protests and returns 
filed? Will the board direct the secretary 
to examine our copies and see if we have 
them all, and supply such as we have not? 

General Anderson—That will take an im¬ 
mense amount of labor. It will compel us 
to commence with Ascension, and go clear 
through the whole list. 

Governor Palmer—I won’t ask the board 
unless it is perfectly willing. 

President Wells—We can not furnish the 
copies. The board will now go into execu¬ 
tive session. Put your witness on the stand. 
I have declined to hear further testimony 
on the part of the opposite party. But one 
witness will be admitted into the room at a 
time. 

Colonel Zacharie—How many witnesses 
are we to have? 

President Wells—Two. 

Colonel Zacharie—You allowed the other 
side to have three yesterday. It is but 
just to us. 

General Anderson—You wish to rebut 
the testimony of only one witness, the 
woman. 

Mr. McGloin—We have equal interest in 
the others. 

General Anderson—I think that two 
would be enough. 

President Wells—Confine yourself to tbe 
ruling of the board. There will be but one. 

Colonel Zacharie—We will protest. 

President Wells—Enter your protest. 

Mr. McGloin—Let it be understood that 
we want to contradict all the witnesses, and 
not only Mrs. Pinkston. 

Mr. Abell, the secretary, informed the 
board that he had received the letter from 
the police. 

President Wells directed that General 
.Anderson should read the communication. 

The letter was dated New Orleans, No¬ 
vember 28, 1876, and was addressed to 
Colonel W. F. Loan, chief of police. Ser¬ 
geant Chaumette reports that at about 
eight o’clock yesterday Mrs Eliza Pinkston, 
residing temporarily at No. 222 Gravier 
stree:^, had been waited upon by three gen¬ 
tlemen—Hugh Jennings, Samuel Young 
and Joseph Swann; that certain questions 
were propounded to her in regard to the 
murder of her husband; that they asked 
her if they were white men who murdered 
her husband; she answered yes, as it was 
moonlight she recognized them; that one 
man put his hand upon his pistol, evidently 
intending to draw it; Mrs. Pinkston gave 
the alarm, and the police were immediately 
on tbe ground, but the above named par¬ 
ties made their escape; not, however, until 
they had questioned a woman, named Cora 
A. Williams, stopping in the same room 
with her. 


Mr. McGloin—Are you going to put that 
among the records ? 

Mr. White—Will you allow me? If it is 
not an intrusion, may I suggest to the board 
that they return that communication or 
allow the gentlemen to file an answer to it. 

President Wells—We don’t receive it. 

Mr. Brown—I desire to make one state¬ 
ment. 

President Wells—If we are to permit one 
statement we will have to have a dozen. 
Will you bo pleased to be seated. 

Mr. McGloin—Yes, sir; but the commu¬ 
nication has been read, and it is the duty of 
the board to hear the gentlemen in answer. 

President Wells—Sit down. 

Mr. McGloin—It has had its effect, and 
we shonld like to have the right to answer 
it. 

President Wells—Sit down. 

Mr. Stubbs—I simply desire to say that 
two parties were there. 

Mr. McGloin—I saw these two parties in 
the room. 

President Wells—This matter is not be¬ 
fore the board, and we have nothing to do 
with it. 

Mr. McGloin—It is for the purpose of 
prejudicing by-standers. 

President Weils—You can prejudice the 
law or the courts. 

Mr. White—I move that the letter be 
stricken from the record. 

President Wells—It shall be so stricken. 

Colonel Zacharie—Will you allow Mr. 
Stubbs to oe heard for two minutes? 

Mr. Stubbs—I won’t take one minute; I 
desire to state that two of the persons 
named in the letter were with me; there 
were twenty or ihirtiy gentlemen in the 
room with us at the time; the two gentle¬ 
men designated as Young and Swann were 
with me up to one o’clock at night; I don’t 
know anything about the other gentleman. 

President Welle—Gentlemen, is your wit¬ 
ness whom you desire to examine, here? 

Colonel Zacharie—Yes, sir. 

Charles Tidwell, of Ouachita, one of the 
witnesses in rebuttal to the testimony of 
Mrs Eliza Pinkston, was then introduced 
by the Democratic-Conser vative committee, 
and the interrogatories propounded to him 
by General Auderson. He testified as fol¬ 
lows: 

My name is Charles Tidwell; I am a 
farmer; I live on Ouachita river, about 
twenty miles from Monroe; have known 
Eliza Pinkston for eighteen or twenty years, 
having raised her; her character is very 
bad; I knew her in Alabama; she belonged 
to my family; I knew Henry Pinkston; I 
did not know much of him; I have known 
him for about two years in a general way; 
he was a very quiet negro; bis wife came to 
my house about five o’clock on Sunday 
morning and told me that four or five ne¬ 
groes had come to her house and killed her 
husband, and beat her nearly to death, 
and killed her child; and aiter 
it got daylight I went down there and saw 
him; he was dead; I asked what had been 
done with the child; she said she had laid 
it in the cradle, but the child was not there; 
I don’t know anything about anv threats 
having been made by Henry Pink^on, only 





Eleventh Day's Session. 


67 


what the negroes said what she said; my 
negroes told me that there had been such a 
conversalion in the field; I did not hear it; 
when I left Alabama Mrs. Pinkston was 
there in jail; I don’t know whether it was 
for stealing or fighting; it was the oanse of 
my leaving there without her; as I under¬ 
stood this matter from the niggers, Fink- 
scon had a bad fight with a nigger called 
Alexander Brooks; I did not see the fight, 
but I have been told it was a very bad one; 
at least that it terminated badly for 
Brooks; from what the niggers say Pink¬ 
ston stated that he wanted to renew it, and 
Brooks stated he had fought him the last 
time with his fists, and that he had his 
time and place fixed for him; that is all 
hearsay with me; I know nothing of it of 
my own knowledge, but I think you will 
have witnesses here who heard it; I had a 
conversation with Mrs. Pinkston as to the 
murder of her husband; she told me there 
were four or five or six niggers that came 
to her house and took Pinkston out and 
killed him, and tried to kill her and her 
child; she was in my house when she made 
this statement; she came about five o’clock; 
she wakened me up; she was bleeding 
pretty smart; I suppose it was about two 
hours from the first to the second con¬ 
versation; she then told me that if it 
was not Brooks’ friends from Ouachita, she 
thought it was Parks’ or Poses’ niggers; 
that they were Radicals and that she was a 
rabid Democrat, and she thought they 
came there for the purpose of killing 
her; that was the idea she wanted to give 
me; I sent for a physician who came and 
waited on her, and aft r dinner Levi Parks 
and a man by the name of E. Armstrong came 
to my house; after dinner we went up to see 
her, and I asked her. in the presence of 
them, if she knew who killed Pinkston and 
who shot her, and she said there were about 
fifteen or twenty white men that came 
there and attempted to kill him; she 
went to other places and told a 
different storv; 1 understood that she 
says that William Parker was one 
of the killers, and he has been dead for 
three months; she attempted on one occa¬ 
sion to get rid of her child; she had been to 
a neighbor’s house and was coming home 
and threw her child in the corner of a fence 
where there were some briars; it was missed 
and some of the niggers went to hunt for it; 
this all since freedom; it was a neighbor’s 
nigger that found it; he refused to give it 
up; I suppose she threw it there; she says 
she did not, but that a nigger woman had 
stolen it; the last one I know but little 
about only what my wife said she said, that 
Eliza had destroyed’it; she might have de¬ 
stroyed it, but I don’t know; we all attended 
a Republican meeting at St. James Chapel 
and she was there; a mulatto man was 
standing in the wagon speaking; he was 
talking a good deal about the Democrats, 
and she wanted to be in good favor with 
the Democrats, and she remarked to some 
gentlemen if they would g\ve her a pistol 
she would shoot the heart out of the damned 
Radical; I heard her say 85 myself; Mr. 
Pinkston took very little part in politics, 
and stood very well with the white people; 


he some times got drunk, but I never saw 
him intoxicated to such an extent that it 
would make him impudent; I never heard 
him mention politics in my life, nor 
I never mentioned politics to him; I 
took very little part in politics my¬ 
self; after she received the wounds 
she walked three-quarters of a mile to my 
house, and after the physician attended 
her Mr. Parks, I and the other man went 
up To see her in the evening; she was sit¬ 
ting on a mat that she had been laying on, 
with something spread over her head; she 
said she was pretty well, and the next day 
she was down at my house; I don’t think 
she was ever confined a day; I would see 
her sitting in the kitchen and walking down 
the road; I have seen her have bark in her 
aril 8 ft least two or three days after she 
was hurt; the body of the child was found, 
but I saw no marks of any kind on it ex¬ 
cept one or two little places on its cheek, 
which looked as though the black part had 
been out off; it was not as big as a pica¬ 
yune, but no meat or anything of tnat sort 
was taken off; the body was found about 
200 yards from the house, in the lake; 
as soon as I attended to Eliza a little, 
some time between daylight and sunrise, I 
went down to her house and found Henry 
Pinkston lying about twenty steps from the 
doori he was naked, except he had on his 
undershirt, but it was slipped up about the 
back; I found he had a ball through the 
side of his head, and one in the thigh and 
one in the stomach, two in the legs and one 
in the forehead; he was dead; he was 
not mutilated; there was not the slightest 
scratch upon him except the marks; I had 
a cloth thrown over him, to see it we could 
not get somebody to go and see something 
about it; of course I had him buried. 

President Wells—Was the coroner notit 
tied of his df ath? 

Answer—I don’t know, sir; I don’t know 
that there were any attempts made to 
ferret out the murderers; there were a 
few white men came to my house and 
asked me about it; they went around the 
neighborhood and made inquiries, but no¬ 
body knew anything about it; there was no 
action taken about the corpse that I know 
of; 1 don’t know whether Eliza Pinkston 
knows Jim Logan or not, but I think she 
does not, for he was never at my house but 
once, and she was not there then; she never 
went to Monroe, where he lives; her repu¬ 
tation for truth and veracity is about as 
bad as it can be; I don’t know that she 
would tell the truth if she knew it; she is a 
perfect tiger when she gets mad; she could 
no more control herself than anything you 
might imagine; she would fight a buck saw 
and it in motion; she would fight a dozen 
as quick as she would one; she would never 
fight me, but I could not stop her using bad 
language; she looked like she was crazy. 

President Wells—You said you left her 
in Alabama. 

Answer—Yes, sir. 

Question—How long have you resided 
here? 

Answer—Four years. 

Question—How did she come from Ala¬ 
bama? Do you know ? 






68 


Proceedings of the Beturning Board, 


Answer—Colonel Morrison imported her 
to the State; she lived with Colonel 
Morrison; she left him and came to my 
place; they say that she had a difficulty 
with her mother in-law; she told me she had 
thrown a quilt around her mother-in law 
and had beaten her to death and had run 
away; I had a daughter in Bastrop, and 
when my daughter came home she came 
with her. 

President Wells—How far did she live 
from your house at the time of the deed ? 

Answer—About three quarters of a mile. 

Question—Did you hear any reports dur¬ 
ing the melee? 

Answer—No, sir; I did not. 

Cross-examination by Mr. Morey. 

Question—Did the story which she told 
you the second time coincide with what she 
told you when she came to your house? 

Answer—No, sir; she told me a very dif¬ 
ferent story; at the first conversation she 
told me she thought it was Parks or 
Poses, Radical niggers; she said this first 
in my house and the next when I 
went to the cabin, and the balance 
of the conversation occurred after dinner. 
Mr. Parks and Mr. Armstrong were there. 

Question—It was then that she told you 
that the white men did it? 

Answer—Yes, sir—I asked her if she 
knew any of them, and she said she did not 
know one of them, and at the conversation 
during the day she said she did. 

Question—What did she tell you, when 
she first came up, what had become of her 
child? 

Answer—That these men had killed it, 
and she had laid it in the cradle and run 
away, and just as soon as they left she came 
to me; she said she made out like she was 
dead, and they went offi 

Question—What was the first story she 
told you as to the murder of her husband, 
in the presence of the white people? 

Answer—She told me that a few niggers 
had come and attempted to take and kill 
him. 

Question—When did she first tell you 
that? 

Answer—She first told me that when she 
came to my house. There was a gentleman 
in my house named Hallory; he was lying 
in bed when she came, about twenty feet 
off from her. 

Question—You stated in your answer 
just now that she told you in the presence 
of these white men that they came around. 
Who did she say came around and did the 
shooting—white men? 

Answer—She never said that any white 
men came around shooting niggers. 

Question—Who did she say came 
around? 

Answer—She said she did not know 
them. 

Question—Did you not understand her to 
say that she said so in the presence of these 
two gentlemen? I am asking you what she 
said, what was the story she told you as to 
who did that shooting when the white men 
were present? 

Answer—She told me she did not know 
them. 


Question—You state that she told you 
the storj when the white men were present, 
naming William Parks as being present. 

Answer—No, sir; I said that the woman 
herself thought William Parks was there; 
this was told to somebody else; this was 
not her conversation to me; she always told 
me she did not know any of them, but she 
would tell outsiders and the niggers on the 
plantation that William Parks was one of the 
men; she never told me she knew; she said 
she did not know them. 

Question—When did you first see her in 
presence of these people that day ? • 

Answer—It was after dinner, as I told 
you. 1 saw her in the morning at five o’clock. 
Mr. Hallory was lying in bed in the same 
room, and after dinner the doctor came and 
waited on her, and we went up to see her. 
Levi Parks and Mr. Armstrong went up 
too. 

Question—What did she say in regard to 
the murder of her husband? 

Answer—That fifteen or twenty white 
men had come to kill her husband, and 
tried to kill her and her c bild. 

President Wells—Did I understand the 
witness to state that this declaration of 
hers, that her husband was killed by white 
men and that they attempted to kill her, 
was in the presence of yourself and others? 

Answer—Yes, sir; in my presence and in 
the presence of two other white men. 

President Wells—If she had been out 
upon the head would you not have known 
it? 

Answer—I don’t know, sir. 

Question—Was she cut upon the thigh? 

Answer—Not that 1 know of. 

President Wells—You made no examina¬ 
tion? 

Answer—No, sir. I only examined her 
throat and head. I did not see the doctor 
do anything except look on her head. 

President Wells—Did you have any con¬ 
versation with the doctor in regard to the 
nature of her wounds? 

Answer—Yes, sir. 

Question—What did he say? 

Answer—The doctor said he thought it 
would kill her. 

Question—Which wound was it he thought 
was the most fatal? 

Ans wer—The one on the head. 

President Wells—What did he say in re¬ 
gard to the wound on the neck. 

Answer—He said that that was just 
through the skin, and would not amount to 
much. 

President Wells—What about the wound 
in the breast ? 

Answer—He said it was a fiesh wound; 
he did not think it amounted to a great 
deal. 

Question—Was she shot just above the 
nipple? 

Answer—No, sir; just above the breast; 
sh had a good big breast, as she had had 
a number of children. 

Question—Did the ball lodge in her ? 

Answer—No, sir, it came out. 

Question—What part did it, come out 
from ? 

Answer—I did not pay any attention to 
it; it went out about under the arm. 




Eleventh Day's Session. 


69 


PreBident Wells—What I want to get at 
are the facts connected with the wholo 
matter. 

The witness—You have got every one of 
them right from me; I don’t know anything 
more about it. 

President Wells—That is exactly what I 
want in having that question propounded. 
It is not for the purpose of confusing you or 
to so fetter your statement, or waive it in 
any manner whatever. It is simply to get 
the truth, and nothing but the truth. 

The witness—You have got it as near as 
I can tell it. 

Mr. Morey—Is there not another gentle¬ 
man living on the Island, ward No. I, whose 
name is pronounced the same as yours, 
Doyors Tiboult? 

Answer—Yes, sir; but his name is spelled 
differently than mine. 

Question—Now, when Eliza came to you 
in the morning, did you understand she 
came to you for protection? 

Answer—Yes, sir; that was her business. 
I have no doubt it was, though she did not 
say so. She said she came to tell me they 
had killed her husband and beaten her, and 
killed her child. I have no doubt but that 
she came for protection, which she got. 

Question- Do you think she would have 
been likely to have given the names of any 
of your neighbors as being among the mur¬ 
derers of her husband if she believed it? 

Answer—1 don’t know , sir; she is rather 
a compound of curiosity; I don’t know what 
she would have done; she told the niggers 
that my son was among the number; ne 
was in Bastrop, and had been there for two 
or three days. 

Question—Do you know she told the 
negroes that? 

Answer—They told me so. I don’t know 
whether she ever told me so or not. Nig¬ 
gers here can lie; but that is what they 
told me. 

President Wells—I would be glad to state 
to the witness to confine himself to his own 
knowledge. 

The witness—Then ask me such questions 
as that. You asked me what I heard and 
that is what I have to answer. 

Mr. Morey—Speaking about the child 
that was taken from her in Alabama—did 
Eliza ask you to assist her in getting that 
child? 

Answer—No, sir; she never a?ked any¬ 
body; when she came home she said some¬ 
body had stolen it; we went through the 
plantation to find it; we found it in a fence 
corner. 

Question—She obtained the child? 

Answer—Yes, sir; it is at my house now, 
and it is nine or ten years old. 

Question—Did it come to your knowledge 
that the other woman wished to keep the 
child? 

Answer—No, sir, only what she said to 
me about it, and she did not say anything 
about it; the other nigger said that the 
woman wanted Eliza’s child. 

By Judge Dibble—When you went up to 
the cabin with these gentlemen and she 
told you that there were fifteen or twenty 
white men that murdered her husband, 
what did you say to her? 


Answer—I asked her if she knew any 
one ol them, and she said she did not in the 
presence of these two persons; that is all I 
said to her; I did not talk much to her. 

Question—You did not call attention to 
the discrepancy between the statement she 
made then and the statement made in the 
morning? 

Answer—No, sir; I did not. 

Question—When you went up during the 
day to see the body, in what position was 
it lying—the body of the man? 

Answer—Plat on his back. 

Question—You say you did not notify the 
coroner? 

Answer—No, sir. If he was notified he 
did not come. They sent for him to go to 
him. 

Question—Did you not deem it necessary 
to go for him? 

Answer—I am getting sort of old and 
niggers are all tree; I don’t feel like riding 
to Monroe and spending a night there and 
$4 or $5 to get a coroner; there were some 
gentlemen going, and I told them to tell 
him, and I buried the niggei*. 

Question—Was there no justice of the 
peace in your district? 

Answer—None then; we had one before; 
there was one for about two weeks before 
the election, and he left. 

Question—When you went down to Mon¬ 
roe did you see the coroner? 

Answer—I was not caring to see him. 

Question—Were there any questions 
asked about the occurrence? 

Answer—He askod me very slightly 
about it—what was done, what he was 
killed with, and if I had buried him. I told 
him that I had buried him, and he was un¬ 
doubtedly killed by shooting. 

Question—Were you at the meeting at 
St. James’ Church? 

Answer—Yes, sir. 

Question—Did he remain all day? 

Answer—I think he remained there until 
they got through. I went off and they con¬ 
tinued an hour by the sun. I did not see 
when he did leave. 

By Mr. White—Were you in bed when 
this female came over through your house? 

Answer—Yes, sir; it was about five 
o’clock. 

Question—Was she naked? 

Answer—No, sir. 

Question—What had she on? 

Answer—A calico dress, tunic and some¬ 
thing around her clothing. I did not notice 
particularly what it was. 

Question—Was she bleeding? 

Answer—Yes, sir. 

Question—Did she come into your room 
where you were in bed? 

Answer—Yes, sir. She came and knocked 
at the door. The little boy who slept upon 
the hearth opened the door. She did not 
tell me she was bleeding but as soon as I 
got a light I saw she was bleeding. She 
staved in the room about fifteen minutes. 

Question—Did you think to examine her 
closely? 

Answer—No, sir. I only looked at the 
blood and where her throat was out. 

Question—Did you interrogate her? 

Answer—No, sir. 






70 


Proceedings of the Beturning Board. 


Question—Did you tell her to go up to a 
room? 

Answer—Yes, sir; to go up to the cabins 
and as soon as it got light I would come to 
see her. 

Question—Did you go back to bed? 

Answer—No, sir; her husband was dead 
and a little child, and 1 did not go to bed. 

Question—How long a time had elapsed 
from the time she came there and went up? 

Answer—You know how long it is from 
daylight to sunrise; I supnose it was about 
half an hour; I was working to stop the 
blood; it was about an hour after she came 
down that I went there. 

Question—Did you take the woman 
along? 

Answer —No, sir. She could uot go then; 
she was at my house on the plantation. I 
did not hear any shooting. 

Question—How long did you stay down 
at the cabin where the murder took place? 

Answer—I reckon that I stayed an hour 
or two hunting the child. She told me the 
child was in the cradle. 

Question—Did you bury the man? 

Answer—No, sir. He laid there all day, 
right where we found him. 

Question—You did not move him? 

Answer—No. sir; I never touched him; I 
only took a quilt and spread over him. 

Question—Was he buried the next day? 

Answer—Yes, sir.. 

Question—Who buried him? 

Answer—I did. 

Question—Was there any alarm given 
about this thing in the neighborhood? 

Answer—Not that I heardof. 

Question—When was the child found? 

Answer—Four or five days afterward. 

Question—Did yon hunt around lor the 
child? 

Answer—Yes, sir; that morning, until 
breakfast. Me and the hands and Mr, Hal- 
lory looked about the lake; the under 
growth had been thrown down; I came 
oack and told her that the child was not in 
the cradle; she said she put it there; I went 
back again that.evening and hunted for it. 

Question—Then it was not found until 
four days alterward? 

Answer—Pour or five days. I don’t 
know. 

Question—Pound in the lake? 

Answer—Yes, sir; a little negro boy, who 
lived beyond her house, found the child. 
At the time I was at the ginhoase. 

Question—Was the sheriff of the parish 
intoimed about the matter? 

Answer—I don’t think we have any sher¬ 
iff'. I think he has run away. 

Question—Is there a justice of the peace 
living in the neighborhood? 

Answer—There was not. 

Question—Did any person come to visit 
the scene of the murder that day? 

Answer—Mr. Parks was there, and Mr. 
Armstrong and Hallory. That was all, ex¬ 
cepting some negroes. 

Question—Was there any funeral? 

Answer—No, sir; no funeral. I do not 
think there was a prayer at the grave. I 
stayed there until they ail left. 

Question—Was he put in a coffin? 

Answer—No, sir; he was just rolled up 


in a quilt. He had laid so long we could 
not get any coffin for him. We put him in 
the grave and just threw the dirt over him. 
Question—He has never been removed? 
Answer—No, sir; he was not when I left 
home. 

Question—You had another conversation, 
you say? 

Answer—Yes, sir; the second time she 
said it was a white man. No; that was the 
third time. 

Question—Did she tell you that it was 
one of the rifle clubs that had been there? 
Answer—No, sir. 

Question—Did she mention the name of 
Dr. Young? 

Answer—Not home; she did to others 
that told me of it. 

Question—That day? 

Answer—No, sir; not until two or three 
days afterwards. (To the President)—You. 
told me not to answer anything except that 
written.—of my own knowledge? 

President Wells—Yes, sir. 

Question—How long did she remain at 
your place? 

Answer—I can not tell; this thing was 
done on Saturday night before the election 
on Tuesday, and I think she stayed until 
the Sunday following. 

Question—She went away of her own 
free will and accord? 

Answer—Of her own free will and ac¬ 
cord; I think that that is it; she might have 
remained a week longer; now, you don’t 
seem to understand me; this murder was 
committed on Sunday morning, or I did 
not know it till then; I think it was then 
that she came to my quarters and stayed 
there, and think I think it was just a week 
from the time the shooting was done that 
she left my place; I was not at home at the 
time, but when 1 returned somebody told 
me Eliza had gons; she had just gone upon 
a visit. 

Question—You have a son; was he at 
home that night? 

Answer—No, sir; he did not come home 
for two or three days. 

Question—They say she mentions him? 
Answer—Yes, sir. 

Question—Is he a member of a rifle com¬ 
pany in that neighborhood? 

Answer—I don’t know whether he is or 
not; I think ho is though; I think he is a 
member of a company; they have a club 
and company. 

Question—Is he a member of Captain 
Thiebault’s company? 

Answer—Yes, sir. 

Question—Do you know whether the club 
was out that night? 

Answer—I never saw one of them or had 
not for several days. 

Question—There is such a club? 

Answer—Yes, sir. 

Question—Do they go out at night? 
Answer—I never saw one out at night; I 
know my son never went out. 

Question-Did you raise this woman? 
Answer—Yes, sir. 

Question—How old is she? 

Answer—I could not say; she is the 
mother of three children, and is twenty- 
five or twenty-eight years old. 






Eleventh Bay^s Session, 


71 


Question—She was treed in Alabama ? 

Answer—Yes, sir; she was freed in Ala¬ 
bama. 

President Wells—Did you examine the 
premises when you visited the body to see 
whether there were any signs i^f parties 
who had committed the outrage left upon 
the premises? 

Answer—Yes, sir; I went in the house 
and tumbled up the bed and looted in the 
beds and in the cradle and under the house; 
they had broken the steps of the door down; 
I looked in the shrubbery. 

Question—What I want to arrive at is, 
were the parties who committed the depre¬ 
dations on horseback 1 Do you think from 
any signs around that there had been any 
number of horsemen about the premises 1 

Answer—She lived on a place where there 
is green turf and carpet grass. There might 
have been 100 horses around, and when 
they got into the road I could not tell 
whether they had been at my house or not. 

Question—Could you not see their tracks 
in tbe road? 

Answer—No, sir; the whole road was cov¬ 
ered with the grass. 

Question—In going into the house, was 
the road carpeted with the grass? 

Answer—No, sir; there was a little path 
that went into the house. 

Question—How far was the public road 
from the house? 

Question—About thirty paces. 

Answer—How did the parties approach 
her house—was there a gate or pair of bars? 

Answer—Well, sir, the house has not been 
kept for two or three years; it stands out 
on the lake, with nothing around it. 

Question—Then the whole place was cov¬ 
ered over with the grass? 

Answer—The whole of it was covered 
over with very nice grass; and if it had been 
carpeted over with grass it would have 
been very difficult to see the horse track on 
it. 

Question—Did you make an examination 
to see whether horses had been up to the 
house from the highway? 

Answer—No, sir. 

Question—Now you stated you had no 
sheriff? 

Answer—We did have a sheriff, but 1 
think he was in New Orleans. 

Question—Do you know of your own 
knowledge whether tbe sheriff of the par¬ 
ish of Ouachita was forced to leave the 
parish or not? 

Answer—No, sir; I don’t. I don’t think 
he was. I don’t think that. I live at home. 

Question—Do you know it of your own 
knowledge? 

Answer—No, sir; I live at home, and I 
am a working man, and go about very little. 

President Wells—I have one other question 
to ask you. Did I understand you to say 
that there was no hunting around for the 
tracks? 

Answer—No, sir. 

Question—You don’t know there were 
horse tracks around? 

Answer—No, sir. 

President Wells—Bring in your other wit¬ 
ness, and let the gentleman retire- 

J. T. Swan was the second witness offered 


by the counsel of the Democratic-Con¬ 
servative committee. He was sworn on a 
small Bible, and when the ceremony was 
through pressed it to his lips. He” testi¬ 
fied in chief in response to the interroga¬ 
tories read by General Anderson, as follows: 

My occupation is that of a farmer; my 
residence is in Ouachita; I knew Henry 
Pinkston for about three years; I don’t 
think he was engaged much in politics; 
never heard him talk much about it; he 
once lived on the plantation adjoining me; 
I knew of a fight he had about two months 
before his death, with a man named Black 
Brooks; Pinkston whipped him and bit his 
finger very badly; I saw Brooks a couple of 
days after the fight, and asked him how his 
finger was; he said his hand was very badly 
hurt, and he remarked to me, “I intend to 
kill Pinkston if I live;” Pinkston came to 
me himself and told me that his life was 
threatened by this man Brooks; after the 
fight he asked my advice; I remarked to 
him at that time, “Pinkston, I heard Brooks 
say myself that he was going to kill you, 
and if I had sufficient evidence I would kill 
him myself before be killed me; I would 
not let a man kill me; knowing he was 
threatening my life, he should not kill me;” 
Brooks had a bad character; he was not 
thought much of in the country; he was a 
bad, quarrelsome, angry man; on the night 
of the murder 1 saw a party of colored peo¬ 
ple pass my bouse, going down the road, 
coming from Ouachita, but I don’t know 
who they were; I thought the election at 
Ouachita was as fair an election as we 
ever had; I did not see any wrong going 
on; I belong to the Democratic pavtv; I 
have lived in Ouachita parish ihirty-flve 
years; it was more sociable than any elec¬ 
tion I ever saw; I knew’ Mr. Parks when 
he was living; he is dead; he has been 
dead about three months. 

Colonel Zacharie—Has the board refused 
to allow any further testimony in refuting 
this woman’s statcmeoi? I thought it but 
an act of justice to these gentlemen from 
Ouachita, who have been publicly aoonsed 
by the reports of this woman, that they 
should be allowed to file the evidence in 
their oases that a correction should be 
made. 

Presidant Wells—We have nothing to do 
with it. They must go before the courts 
and prosecute her if they seek relief. 

Colonel Zacharie—We have a dozen such 
to prove the entire falsity of the charge. 

Judge Dibble—Why don’t you arrest her 
for perjury? 

Mr. McGloin—We have Dr. Young here, 
and we tender him as a witness. 

President Wells—It is useless—it is use¬ 
less. We have settled that you should have 
but two witnesses to disprove the st ate- 
ments of this woman, and we can not vio¬ 
late that rule. 

To the witness—Did you see the difficulty 
between the colored men whom you men¬ 
tioned? 

Answer—Yes, sir. 

Question—You say that it occurred in 
the parish? 

Answer—In Union parish; right across 







72 


Froceedings of the Eeiurning Board. 


the river; I was on the Ouachita side, and 
saw the fight. 

Question—Well, sir, can you state pre¬ 
cisely at what hour the colored people 
passed your house? 

Answer—It was at night; I was standing 
in my yard at the time, and had no oommu- 
nioatiou with them; I did not recognize 
them. 

Question—You said that the election was 
a peaceable one? 

Answer—Peaceable as I ever saw one. 

Question—Did you have peace before 
that? 

Answer—I didn’t see any fuss. I only 
went to Democratic clubs. There was 
some disturbance in the country. 

Question—Have you attached them to 
the Democratic club iu the rifle company? 
You must necessarily be in connection with 
the Democratic clubs over there? 

Answer—I think there was something of 
the kind. 

Question—What was the object of it? 

Answer—I can’t state exactly; I can’t 
answer the question. 

Question—You had none in your club? 

Answer—Yes, sir. There were companies 
that went out, but I didn’t go with them. I 
don’t know what the object was. 

Question—They went out? 

Answer—Yes, sir. They went out once, 
but they went out to quiet affairs. The 
rumor was they were going to Mouroe. 
That was the only time they went out with 
arms, and there was nothing done then 
that was any harm. 

Question—What was the character of the 
armed men of which this organization was 
made? Do you know what sort of men 
they were? 

Answer—I can’t state about this; only 
hearsay to me. I didn’t see the men at all. 

I can state the rumors. 

Question—I don’t want the rumors, only 
what you know of your own knowledge. 
Then you say the rifle organizations were 
attached to the Democratic clubs? 

Answer—I have heard so, sir. 

Questions—What is the object of those 
organizations? 

Answer—The only thing that I know 
about it is that they were to keep the 
peace. 

Question—Who were the people that 
were violating the peace? 

Answer—It was the Radical party; the 
ones going to Monroe was the Radical 
party, and they went to keep them away; 
they went to keep the Radical party out of 
Monroe. 

Question—Could you not have arrested 
anything like a disturbance with the legally 
constituted authorities of the parish of 
Monroe? 

Answer—I don’t know. The legally con¬ 
stituted authorities were all out. The 
Democratic party had nothing to do with it. 

Question—Then you think there is no 
law where your party is in power? 

Answer—Well they had a bad party. 

Question—What, according to your con- 
etruction, would we have under any other? 

Answer—I know when the Democratic 


party was in power we had order. I can 
recollect that. 

Question—How long did that order last? 
Up to 1861? 

Answer—Yes, sir; as long as they had it 
in their power. 

Question—Then you had attached to your 
political organization rifle companies? 

Answer—Yes, sir; both parties had them, 
I think. 

Question—This was an armed party? 

Answer—I can furthermore say that on 
the day these men were going to Monroe, 
my negroes—they were very stubborn—left 
my place; they were on the road with their 
guns, but they would not tell me what they 
were going for; they were gone half a day, 
and I could not get out of them at all what 
they were gone for; I have twenty-flve 
men; eight out of that number went in a 
body. 

Question—You have stated that there 
were other organizations by other parties. 
Did you affiliate with the Republican party? 

Answer—No, sir; but there was an or- 
ganizantion of these men started out to or¬ 
ganize; these men that were in arms, that 
is what I alluded to. 

Question—Then they were only an organ¬ 
ization for that time, lor a speciflc purpose? 

Answer—I can’t say how long they in¬ 
tended to keep it up. 

Question—The organization commenced 
at the same period, did it not? 

Answer—I don’t recollect the dates; it 
was before the election. 

Question—When did your organization 
commence? 

Answer—I could not tell when; if 1 was 
at home I could; it commenced two or 
three months before the election, to see 
how many Democrats we had, and to see 
how many we could get together. 

Question—I have reference to the mili¬ 
tary appearance of the organization to 
which you have attached your party ? 

Answer—I could not tell when it com¬ 
menced. 

General Anderson—Did you visit the 
rooms of Eliza Pinkston yesterday or last 
night at any time ? 

President Wells, emphatically—That is 
irrelevant; that must not be put upon the 
record; we have refused to put it on the 
record. 

Mr. McGloin—Won’t your honor press 
that question ? 

Governor Wickliffe—I would like to ask 
whether that is the sense of the board. 

President Wells—I have decided it. 

General Anderson—Take the sense of the 
board. 

President Wells—Put the question to the 
board. The chair was sustained, there 
being Mr. Casanave only voting in the 
negative. 

Mr. Dibble—To whose rifle club did you 
belong ? 

Answer—I didn’t belong to any, sir. 

Question—Who was the captain of the 
company on the island? 

Answer—It was Mr. Thibault, I believe. 

Question—Who commanded on Bavon 
DeSaire ? 





Eleventh Bay's Session. 


73 


Answer—I don’t know, sir; I was not 
down there; I can answer only by hearsay. 

Question—Was it not Captain McCloud ? 

Answer—I oan’t say who he was. 

Question—It is generally reported that 
he was ? 

Answer—Yes, sir; there are a heap of re¬ 
ports, but I am not allowed, to answer ac¬ 
cording to reports—it is only what comes 
within my knowledge. 

Question—What companies come within 
your knowledge ? 

Answer—I don’t know, sir. 

Question—Did you know of laborers in 
the Island having been told that they must 
not attend Republican meetings ? 

Answer—I do not know ot any; I know 
of people who tried to keep them at home, 
to keep them at work. They could not 
keep them at home, i know I would rather 
they would stay at home and pick out cot¬ 
ton, and some stayed and worked. 

Question—Do you know that some were 
threatened if they went? 

Answer—No, sir; I oan’t say that I know 
it. 

Question—Did you attend any Repub¬ 
lican meetings ? 

Answer—I never was at one, sir. Yes, I 
made out to visit the first on the Island, at 
Parmer’s schoolhouse. 

Qhestion—Were there many Democrats 
present ? 

Answer—No, sir; not a great many. 

Question—Were they armed ? 

Answer—If they were armed I did not 
see them. I did not see a Democrat armed 
that day. I did see men there armed, but 
they were not Democrats. If they were 
arm ed, they hid them from me. I can only 
speak for myself. I didn’t have any. 

Mr. Dibble—That is all, Mr. President; 
you can reti e. 

President Wells—The gentlemen upon 
both sides will understand that the docu¬ 
mentary evidence must be filed by Friday, 
at four o’clock. 

Mr. MoGloin—Won’t you make an ex¬ 
ception of the parishes in tvhich it was im¬ 
possible to get witnesses after using due 
diligence? 

President Welle—We can not delay later 
than Friday at four o’clock. 

Mr. McGloin—We will file a protest. 

President Wells—File your protest. 

Mr. Gauthreanx—May I again ask if the 
board bas or has not considered the matter 
of holding night sessions? 

President Wells -Most positively, no. 

Mr. Gauthreaux—We deem this matter of 
the greatest importance and are willing our¬ 
selves to sit up all night until the sixth of De¬ 
cember, and follow the board in its investi- 

ations of these important questions, and 

think it would be proper for the board to 
hold at least a session two or three hours 
in the evening. 

President Wells—No, sir; we must have 
time to examine the • records and all the 
evidence before us; we will not have time 
to do that without holding night sessions. 

Mr. Gauthreaux—I think the representa¬ 
tions made bj the board to those of us on 
both sides was that all sessions were to be 
held in their presence. 

10 


President Wells—They will be held in 
their presence, but when it is to consult 
upon any action we shall take upon the 
various subjects that come before us, 
we must be alone. The judges of courts 
do not permit the presence of counsel when 
they are making up their final decision. 
Therefore we must claim the privilege ot 
consulting among ourselves as to any ac¬ 
tion that comes up before us. 

Mr. Gauthreanx—I understand the chair 
to admit that it holds private sessions other 
than are held here daily? 

President Wells—They are deliberative 
sessions. 

General Anderson—We have never held 
any sessions except what we have held 
right here. Of course we get together here 
in the room and talk over the matters that 
come before us, but we have had no ses¬ 
sions, to my knowledge, other than these 
public ones. When we get all the testimony 
in, then we expect to be alone. 

Mr. Kenner—But we have had no private 
sessions. 

Mr. Stubbs—I desire to present to the 
board for examination, on behalf of the 
Democratic party, a list of the principal 
witnesses we deem it necesary to have to 
refute the evidence given by the other side 
in the case of the p arish of Ouachita. 

President Wells—Have these interroga¬ 
tories been served? 

Mr. Stubbs—Yes, sir. 

General Anderson—Have you fixed up 
Baton Rouge for to-morrow? 

President Wells—We must have the evi¬ 
dence before us. We can not hear any 
more oral testimony. We will never get 
through if we do. 

General Anderson—From this time for¬ 
ward, then, the evidence is all documentary? 

President Wells—Yes, altogether. Mr. 
Abell, give us the parishes. Let us go on. 

Mr. Abell—Here is a package received 
from the State Registrar this morning, 
claimed to be the returns of Livingston. 
He says that they were incomplete, and 
belong to his office. 

Mr. Kenner—I don’t know that we can 
receive them; the consolidated statement 
is not signed by the supervisor of registra¬ 
tion ot that parish; I don’t know that the 
board has the right to receive them at all. 

Governor Wicklift'e—I will state on in¬ 
formation that the clerk of Mr. Hahn re¬ 
ceipted for the documents, and admitted 
that he himself had opened them. Now, 
sir, I do not know whether this is the docu¬ 
ment that is in that package. I would like 
the clerk to be brought here that he 
i.uight be interrogated upon that point; 
it IS not signed by the supervisor of reg¬ 
istration. They are the most ignorant su¬ 
pervisors that we have. You certainly un¬ 
derstand that it must be done, and under 
the circumstances I beg the board shall 
regard this as informal, and that the re¬ 
turns lodged in the clerk’s hands shall be 
used. The negligence of the supervisors 
to send the returns would not warrant the 
board in disfranchising us. 

President Wells—The board does not 
wish to disfranchise and will not disfran¬ 
chise anybody. 






74 


Proceedings of the Beturning Board. 


Mr. Gauthreaux—I call attention to the 
consolidated statement of votes; that it is 
sworn to by the clerk of the court and has 
no signature. It has the court seal, but 
the signature has not been signed. 

Governor Wicklilfe—See whether it com¬ 
pares with the statement of votes. 

Mr. Gauthreaux—What do you decide 
to do with reference to the Livingston 
matter, Mr. President? 

Governor Wickliffe—Issue a subpena for 
him. He is in town. 

President Wells—The board has no au¬ 
thority to issue a subpena for him. Let 
them examine the returns, and see what is 
to be supplemented. 

Mr. Casanave—The commissioners’ re¬ 
turns here are all in proper order. 

Mr. Gauthreaux—I would suggest that 
the compilation could be made from the 
statement of votes in this case, as has been 
done heretofore. 

President Wells—These only corroborate 
the consolidated statement, and if the su¬ 
pervisor fails to sign it that is not a prima 
facie election. 

President Wells—Bead the aggregate vote 
from the consolidated statement, and then 
we will compare one or two of the polls 
with it 

Mr. Kenner—The consolidated statement 
was sworn to on the eleventh of Novemoer, 
1876, before William H. Davis, judge of the 
judicial court of Livingston. The remarks 
are explanatory of the scattering vote: 


Kellogg. 


McEne^. 


Burch. 

.121 

Wickliffe. 


Joseph. 


St. Martin. 


Sheldon. 


Pdche. 


Marks. 


DeBlanc. 


Leyisee.. 


Seay. 


Brewster. 


Cobb. 


Joffroin. 


Cross. 



For Governor—Packard, 121; Nicholls, 
750. 

It appeared that there were some errors 
in the footing up of the tally sheets, and 
the consolidated statements were ordered 
to be corrected when the compilation is 
made. 

The parish was laid aside for further ac¬ 
tion. 

Mr. Abell—Here are the returns of the 
parish of Tangipahoa, received this morn¬ 
ing at eleven o’clock. There is a general 
protest with the returns. The consolidated 
statement was sworn to on the twenty- 
eighth of November, 1876, before the Secre¬ 
tary of State. There are plenty of remarks 
in the shape of protests. There are nine 
polls in the parish. The aggregate vote is 
as follows: 

Kellogg.565 MeEnery.629 

Burch.565 Wicklifie.681 

Joseph.565 St. Martin.931 

Sheldon. t. 565 Poche.591 

Marks..'65 De Blanc.931 

Lerisee.565 Seay.931 

Brewster.565 Cobb.931 

Jofifroin.565 Cross.931 

For Governor—Packard, 558; Nicholls, 
924 

The tally sheets of poll No. 2 were com¬ 
pared with the consolidated statement of 
votes and it was found, in order to ascer¬ 
tain how the error arose with reference to 
the votes of McEnery, Wickliffe and Poche. 


It was found that they had suflScient votes 
that were not reported in the consolidated 
returns which would bring them up to the 
number of votes given to the other candi¬ 
dates on that side. 

President Wells—This matter with ref¬ 
erence to the parish of Livingston should 
come up at once. 

President Wells—I will hear the gentle¬ 
man who has the statement of votes of 
Grant parish. 

To Judge Richardson—Are you the su¬ 
pervisor of Grant parish? 

Judge Richardson—I am the United 
States supervisor. 

President Wells—By what authority did 
you hold the election? 

Judge Richardson—Well, the people of 
both parties came together and requested 
myself and the supervisor on the Repub¬ 
lican ticket, Mr. Curry, to go ahead with 
the election in the event Mr. Ward, who 
went away, did not come back; our author¬ 
ity was the action of the people themselves 
and the commissioner designated by tbs' 
supervisor. 

President Wells—Then by what author¬ 
ity did you bring the returns up to us? 

Judge Richardson—By the request of the 
parish, and as a United States supervisor. 

President Wells—Under the law has the 
supervisor power to bring any documents 
before us without authority of che regular 
supervisor of registration? 

Judge Richardson—I don’t know that he 
has none positively. 

President Wells—Then you came here 
solely as the representative of Grant par¬ 
ish—with your authority as United States 
supervisor of election to bring us these re¬ 
turns? 

Judge Richardson—Y^s, sir. 

President Wells—Are you a practicing 
lawyer? 

Judge Richardson—I am. 

President Welle—Do you construe the 
law to give you that authority? 

Judge Richardson—I don’t know that 
any law prohibits my authority. 

President Wells—Do you know of a law 
authorizing you to do it? 

Judge Richardson—I know that the con¬ 
stitution gives every man the right to vote; 1 
don’t know of any law that gives an officer 
the right to defraud the people of their 
vote. 

President Wells—We have received noth¬ 
ing but the statement of the commissioners 
and the consolidated statement; we will act 
upon the question when we have a full 
board. 

Mr. Abell—Heie are two packages pur¬ 
porting to be the returns from Franklin, 
which came by the Southern Express to the 
care of Honorable Michael Hahn, and were 
delivered to me by his order. It was re¬ 
ceived on the twenty-eighth instant. 

Mr. Kenner opened the packages- There 
were eight polls. The consolidated state¬ 
ment was signed by William H. Veazie, 
supervisor; sworn to on the ninth instant, 
before E. A. Earle, clerk of the Tenth Dis¬ 
trict Court. The remarks were numerous, 






































Eleventh Day's Session, 


75 


but not in the shape of protests. The ag¬ 
gregate was as follows: 

Kellogg.129 McEnery.789 

Burch.129 Wicklifte.790 

Joseph.129 St. Martin.790 

Sheidon.129 Poche.789 

Marks.129 DeBlanc.789 

Le-visee.129 Seay.789 

Brewster.129 Cobb.789 

Joflfroin.129 Cross.!.,789 

For Governor—Packard, 129: Nioholls, 
789. 

Colonel Zaoharie—In regard to the box 
of East Baton Rouge, Mr. President—will 
there be any objection to the deputy clerk 
and the supervisor putting seals on"it and 
putting it into the nearest bank ? 

President Wells—Let them attach them 
and pot it where they please, so they have 
it here when we want it. 

Mr. McGloin—Are there any protests 
here ? 

President Wells—There is Packard’s pro¬ 
test. 

Mr. McGloin—He beats the world in pro¬ 
testing. 

Mr. Abell—The returns of Dhe parish of 
Vernon, by registered letter, received on 
the seventeenth, directed to the Secretary 
of State. 

Mr. Kenner—There are no remarks and 
no tally sheets. There are no returns from 
the commissioners of the polls. Sworn to 
on the ninth, and sealed with the seal of 
the court. The aggregate vote is as fol¬ 
lows: 

Kellogg.0 McEnery.647 

Burch.0 Wickliffe.647 

Joseph.2 St. Martin.647 

Sheloon.2 Poche.647 

Marks.2 DeBlanc.647 

Levisee.2 seay.647 

Brewster.2 Cobb.647 

Joffroin.2 Cross.647 

For Governor—Packard, 1; Nicholls, 
649, 

A general protest was filed against the 
returns. 

Mr. McGloin—I don’t understand that 
that is an objection—that there are no 
tally sheets. 

President Wells—Nobody has raised that 
objection. It is merely technical. 

Mr. Abell—That comprises all the par¬ 
ishes received, leaving Grant and Lafayette 
to be returned. 

Mr. McGloin—Now you will take up the 
Grant matter, Mr. President? You have a 
full board. 

President Wells—I want to state to one 
member of the board, Mr. Anderson, that 
there is a return here from Grant parish. 
The question was put in your absence. The 
gentleman who brings the returns is not a 
supervisor of registration, but he was a 
United States supervisor of elections. He 
held the election under that authority, and 
he comes here with the returns to us. It is 
for the board to say whether we will re¬ 
ceive the return coming through the source 
that it does, or shall the board confine its 
rulings strictly in accordance with the law. 

Mr. McGloin—The supervisor, Mr. Rich¬ 
ardson, asks to be allowed to make a state¬ 
ment. 

President Wells—Certainly, sir. 

Mr. Richardson—The supervisor in our 


parish left on the twentieth of October; he 
told me that he would return that evening; 
wo never heard trom him until the twenty- 
third, when we received a telegram from 
him stating that he had left for New Or- 
le.4ns; the telegram was received by Mr. 
McKnight, candidate for judge on the Re¬ 
publican ticket; Mr. McKnight and others 
said they wanted to hold an election 
whether he returned or not, and they asked 
Mr. Curry and me to go ahead and hold 
the election; he was not an old citizen of 
the place; he claimed he was sent from 
New Orleans by Governor Kellogg as our 
supervisor; when he left he told us he had 
gone for ballot boxes. 

General Anderson—Under the law the 
sheriff is required to furnish the ballot 
boxes to the commissioner. 

Judge Richardson — Immediately upon 
the reception of that telegram the Repub¬ 
licans as well as Democrats supposed that 
that was a ruse—that he did not intend to 
hold an election, and therefore they told 
Mr. Curry and myself to go ahead there 
and hold it. 

President Wells—Upon what did you 
base your supposition that he was not to 
return ? 

Judge Richardson—I just now stated 
that most everybody supposed that the 
idea of his going to New Orleans for ballot- 
boxes was a mere ruse. 

President V/ells—Did you not know that 
a Mr. Thompson went into the office and 
threatened to take his ears off if he didn’t 
leave? 

Judge Richardson—No, sir; I did not hear 
anything of this. I heard on the sixteenth 
that a man named Thompson was with him. 
Thompson was very drunk. 

President Wells—Thompson holds a 
large plantation from his father in the vi¬ 
cinity of Colfax? 

Judge Richardson—Mr. Caldwell told me 
that he got very drunk; that he and Ward 
were on the streets, and Thompson told 
him that he wanted to be one of the com¬ 
missioners of election. Ward refused to 
send him,Jand he swore if he didn’t go he 
would take some guns up there and have a 
fair election. He made some threats. Mr. 
Caldwell said ho knew him well; that he 
would not have said this if he had not been 
drank. I never heard Ward speak of it. 

President Wells—Do you know that be 
received letters saying that he would be ill- 
treated it he did not leave the parish? 

Judge Richardson—No, sir. He told me 
more than once that he wanted a fair elec¬ 
tion. The only cause for his leaving that I 
could discover was. that the Democratic 
party had a fair majority. 

President Wells—Let me ask a ques¬ 
tion. You stated that this supervisor left 
because he had discovered that there would 
be a Democratic majority? 

Judge Richardson—I stated that I sup¬ 
posed that was the cause. 

President Wells—Now, as you assume 
the authority of the supervision of the votes 
of that parish, will you state to me the 
number of Republican votes and the num¬ 
ber of Democratic votes that you have, 
both as to color and race? How many col- 






































76 


Proceedings of the Beturning Board, 


ored registered voters are there in the 
parish of Grant, and how many whites? 

Answer—There is titty-six white majority 
in the parish, of which twelve are colored. 

Question—Don’t you know at Big Creek 
settlement there were sixty or seventy 
white Republicans? 

Judge Richardson—I do not. 

President Wells—Well, I do. 

Judge Richardson—All the colored people 
in that vicinity, except at Colfax, voted the 
Democratic ticket; there was no compul¬ 
sion. 

President Wells—Did you nob run out 
from Colfax in 1873? 

Judge Richardson—I did. 

President Wells—Then there was a con ¬ 
siderable disturbance; how many Republi¬ 
can votes were destroyed? 

Judge Richardson—I don’t Know; I know 
that they have polled a full vote; the Su¬ 
preme Court has decided— 

President Wells—We have no business 
to notice anything that the Supreme Court 
has said. I would suggest that we take 
the document under advisement. Take a 
receipt from him, Mr. Secretary, as an un¬ 
authorized agent 

Mr. Abell- -I have just at this moment re¬ 
ceived the returns from the parish of La¬ 
fayette. 

Mr. Kenner (opening the package)—The 
consolidated statement of votes was signed 
by J. S. Veazie, sworn to on the fourteenth 
instant. There rre abundant remarks in 
the shape of protests. The electoral vote 
is as follows: 

Kellogg.658 McEnery.721 

Burch.657 Wickliffe.716 

Joseph.658 St. Martin.721 

Sheloon.658 Poche.721 

Marks.658 DeBlanc.721 

Levisee.658 Seay.721 

Brewster.658 Cobb.721 

Joffroin.658 Gross.721 

For Governor—Packard, 657; Nicholls, 
722. 


The tally sheets were then compared with 
the consolidated return, and found to cor¬ 
respond. 

President Wells—Bring ns something 
else. 

Mr. Kenner—Before taking up Grant par¬ 
ish, Mr. President, I would like to take the 
sense of the board on that. For myself, I 
am not satistied to vote for opening the 
return. It has not come through the pro¬ 
per law oflBcer, and my opinion is that the 
board has no right to open it. 

President Wells—It is moved and sec¬ 
onded that the board do not receive and 
open the returns from the parish of Grant. 
Those of the board who are in favor of that 
motion will signify the same by saying 
aye. 

Yeas—Messrs. Kenner and Casanave. 

Nays—General Anderson and Mr. Wells. 

President Wells—Bring the parish of 
Grant. 

The returns from the parish of Grant 
were then brought in and opened, and the 
following aggregate vote declared: 


Kellogg. 


McEnery. 


Burch. 


Wickliffe. 


Joseph. 


St. Mai tin. 

.520 

Sheldon. 


Poche. 


Marks. 

.394 

De Blanc. 


Levisee. 

.394 

Seay. 

.519 

Brewster. 


Cohb. 


Joffroin. 


Gross. 



For Governor—Packard, 405; Nicholls, 
513. 

President Wells—Let it go over. 

It was then announced by the president 
that the parishes had all been returned and 
opened, and counsel were notitied to get 
their testimony in as early as possible. 

After some discussion as to the manner 
in which the arguments on the protests in 
Orleans parish were to be made, the board 
adjourned until ten o’clock Thursday. 


TWELFTH HAY’S SESSION. 


Thursday, November 30. 

The board was called to order at 10:45 A. 
M., by President Wells, all the members 
being present, 

Messrs. Parker, Stevenson, Clark, Hale 
and Garfield were present as the com¬ 
mittee representing the Republican delega¬ 
tion from the North, and Messrs. Trumbull, 
Palmer and Smith representing the Demo¬ 
cratic delegation. 

The minutes of the previous meeting 
were read and approved. 

The business specially before the board 
was the argument to be made in the con¬ 
test by the Republican candidates in Or¬ 
leans parish. The protest was set out in 
the sixth day’s proceedings. 

Before the argument was begun Judge 
Spofford asked for an order directing the 
clerk to send for the duplicate returns for 
the parish of Orleans lodged with the Sec¬ 
retary of State, such as the supervisors had 


not sent up and filed with the board, and 
further, that the clerk telegraph to the dis¬ 
trict court clerk of Tangipahoa to forward 
the ballot boxes in which the returns were 
sealed up. He had the oflicial evidence 
that the votes were sealed up. 

President Wells—Are there any further 
motions ? 

Governor Wickliffe—In regard to the 
opening of the East Baton Rouge box, 
what will the board do with reference to it ? 

President Wells—As soon as we get 
through with the matter that was specially 
set for hearing this morning, we will take 
it up. 

Governor Wickliffe—In regard to those 
ex parte affidavits, I presume that the 
same order will be entered that was en¬ 
tered in the oases of East and West Fe¬ 
liciana ? 

President Wells—Yes, sir. 

James C. Walker appeared on behalf of 








































Twelfth Day's Session. 


77 


the contestants. He spoke substantially 
as follows: 

I see the oommunioation read to your 
honors just now by the secrf'tary has been 
subscribed by a number of Kepublican can¬ 
didates for local offices in this parish. By 
reason of the fact that it was necessary 
that candidates should make use of printed 
slips, a great many votes that ought to have 
been counted in favor of the candidates on 
the Republican ticket have not been so 
counted. We also refer to many polls. We 
were without information except from the 
reports among us, and, of course, we have 
made our protests properly. I would refer 
to one poll at the corner of Magazine and 
Jackson streets, where perhaps more than 
900 votes were polled in the space of twelve 
hours. We claim that it is utterly impos¬ 
sible that any such vote should have been 
polled at such poll. 

While we cheerfully acquiesce in any law 
which extends equal rights and privileges 
to foreign born citizens, we protest against 
any law which makes the condition of the 
foreign born citizen superior to that of the 
native born citizen of Louisiana. If a party 
comes here from Pennsylvania he is re¬ 
quired to reside here one year betore he is 
permitted to vote and becomes eligible to 
office. That is as far as the native born 
citizen is concerned. It appears that ac¬ 
cording to the system that prevails here the 
foreign born citizen comes here and is natu¬ 
ralized to-day, votes to-morrow, and per¬ 
haps represents the people in the Legisla¬ 
ture the next day. We protest against 
that. We say that this is not the law. It 
never contemplated anything of that kind 
Naturalization is a delegated right confer 
red upon the State government by the Na¬ 
tional government, and the effect of that 
naturalization is nothing more or less than 
to admit the citizen under a Federal or na¬ 
tional government act. He is required to 
live here one year before he can exercise 
the rights of citizenship, and before he can 
take position in the legislative councils 

The authorities referred to are article 
two of the State constitution. We point to 
naturalizations as effected here just before 
the last election; we point to naturaliza¬ 
tions in the Second District Court of this 
parish, to naturalizations effected in all the 
district courts, amounting to over 2500 
citizens who have been so naturalized -nd 
permitted to vote at the last election. We 
say it is a fraud up >n the rights of citizens, 
a fraud upon the rights of the native born 
citizen, upon the rights of the lute man, 
and a fraud uoon the colored man, and a 
fraud upon the foreign born citizens, and 
upon the government; that when this thing 
is allowed to proceed, and when so high 
and so sacred a right as that of the elective 
iranohise is thus to be trifled with, we say 
that it is a fraud that permeates the entire 
election, that renders it null throughout the 
entire length and breadth of th^^ parish. 

We point to another fact. We point to 
the fact of the bundle of 1500 papers, pur 
porting to be the records of 1500 citizens, 
naturalized or supposed to be naturalized, 
now in the clerk’s office of the Second Dis¬ 
trict Court, and notone of those judgments 


of naturalization signed until this day, pur¬ 
porting, as they do, to have been issued 
three or four years ago. Now if these men, 
so naturalized, voted upon those certiticatea 
from these courts they did that which the 
law does not sustain them in. The right to 
citizenship depends upon the judgment as 
rendered by the court, and until the judg¬ 
ment is signed these naturalized persons 
certainly haa no right to vote. Your honors 
are in the possession of all the records of 
naturalization during the last few years. 
You have at your command all the poll 
lists in this city; you are able to ascertain 
whether the parties have voted. 

Now, if 2500 men were naturalized here 
during the last two or three months and 
then voted here in this parish, I suggest 
that that is a fraud; that that fraud has 
permeated the entire election; and of these 
there are 1500 men whose record purports 
to be found in the Second District 
Court; that there is a matter of over 4000 
votes; and that they make a material differ¬ 
ence upon one side or the other. 

There is one thing plain and evident, and 
that is that the elective franchise has been 
trifled with in the parish of Orleans; that 
an eft'ort of deliberate and designing men 
has been attempted upon our system here, 
calling, as it does, for the condemnation 
and denunciation of'every man who values 
the right of citizenship in the United States 
in which we iive. 

I must hurry on to another matter. It 
appears That certain votes in the twelfth, 
thirteenth, fourteenth, sixteenth and seven¬ 
teenth wards were oast in favor of certain 
Republican candidates, and that no votjng 
for these candidates was had upon the part 
of the D moerutio party with exception of 
the court of Judge Pardee. With reference 
to th** session acts of 1874, which have an¬ 
nexed the Sixth and Seventh Districts to 
the parish of Orleans, it will appear that 
under article eighty-three of the constitu¬ 
tion territorial jurisdiction is given to all 
the district courts throughout the parish. 

The Sixth and Seventh Districts are part 
of the parish of Orleans, and that ter¬ 
ritorial jurisdiction is granted to the courts. 
I see from a communication of Judge Mc¬ 
Connell reference is made to act No. 45, ap¬ 
proved in 1876. It is supplementary to the 
act of 1874 There is nothing conflioting 
between these two acts. This second act, 
passeil in 1876, if it has any object at all, or 
any ett'ect attached to it, is simply concur¬ 
rent in 80 far as these upper districts are 
concerned with the district courts of this 
parish 

I present the argument of Judge Cullom 
upon the subject of the naturalization of 
foreigners, in which he discriminates be¬ 
tween the citizenship as regards the nation¬ 
al government and the citizenship of the 
State of Louisiana. In fact, our constitu¬ 
tion makes a distinction. Article 108 says, 
that none but citizens of the United States 
and ot the State of Louisiana shall be ap¬ 
pointed to any office of trust or profit in 
this State. Then it is very plain that there 
is a discrimination and distinction between 
the citizen of the United States government 
and the State of Louisiana. 






78 


JProceedings of the Beturning Board. 


There is another thing, and it is as to the 
course that has been adopted just prior to 
electionH, of causing certain witnesses to 
go before the courts and take out minor 
papers testifying that the party making 
application tor such papers came to this 
city before he was eighteen years of age, 
and therefore entitled to his certificate of 
naturalization. These are taken out before 
every election, and perhaps in as large a 
proportion as ninety-five out of every hun¬ 
dred papers issued. These are obtained 
upon fraudulent representations made to 
the courts. I speak advisedly with regard 
to an experience I have had during an ex¬ 
amination before Commissioner South- 
worth. In almost every instance where 
the certificate was issued it was 
found out that it was obtained 
by fraudulent representations. It was 
announced in the papers that two 
venires went up, one from the Superior 
Court and one from the First District 
Court for the purpose of having juries im¬ 
paneled, and not more than forty-four per¬ 
sons could be found. A few days ago, 
when a party was nominated for an oflfic'*, 
it was discovered that be was not natural¬ 
ized until several days after he was nomi¬ 
nated. It shows but a very poor regard for 
what has in every country been looked 
upon as the most inoportant right and privi 
lege—I speak of the elective franchise. 

Mr. Walker closed his argument by citing 
a list of authorities in support of his 
points. 

Judge Spofford and Colonel Zacharie 
made arguments in behalf of theoontestees. 

Mr. Walker replied, and in conclusion, 
said: 

Now, it is not as a disappointed candi¬ 
date that these parties are present. There 
is something instinctive in every generous 
mind, in the shape of indignation, that is 
engendered by the contemplation of wliat 
is wrong and what is reprehensible; and 
when we bring these things to the notice of 
your honorable body, and ask you to 
correct, or apply the law to them, so 
far as your disoretion and power per¬ 
mits you to do. I don’t think it is a 
subject of condemnation upon the part 
of anybody else, that it is reprehen 
sible at all, as to whether they have 
or have not been defeated. I may say that 
the gentlemen who made the announce¬ 
ment here are better informed than I am. 
I have not taken ihe p-iins to inquire. I 
have no wire-drawn arguments to make; I 
have no strings to pull. But I have a right 
to conaemn fraud wherever I meet it; and 
when I meet it stalking at mid-day in the 
streets ot my native city 1 oppose it -with 
all the power I have in the world. I chal 
lenge the vote ot no man who has the right 
under the law to vote, but I condemn, and 
I repeat it, fraud, and it shall meet with my 
denunciation wherever I see it. It is not the 
honestly naturalized citizens of New Orleans 
that I am talking about. They have a right 
to take their certificates and vote upon 
them ; they are not the parties lam talking 
about at all. I am talking about fifteen 
hundred men who pretend to be honest and 
upright citizens. I am talking about twen¬ 


ty hundred men who have exercised the 
elective franchise at the recent election, 
and it is in regard to them that I ask you to 
apply the law; and thanking you for the 
attention you have paid me, I now leave 
the matter with you. 

On the conclusion of the arguments the 
case was taken under consideration, and 
the President announced that the board 
would continue with its labors. 

President Wells—Have you completed 
your evidence in the East Baton Rouge 
case. Colonel Zacharie? 

Colonel Zicharie—The evidence has not 
been filed, but the ballot-boxes are here in 
charge of the clerk, and are sealed up. 

President Wells—What do you desire 
with reference to it? 

Colonel Zicharie—We want you to open 
them in the same manner as was done in 
1874, and take the copies of the returns 
wrongfully deposited in the boxes instead 
of being forwarded to the Secretary of 
State. 

President Wells—And place them by the 
returns of the supervisor ? 

Colonel Zacharie—Yes, sir. And we also 
ask the same thing in reference to the par¬ 
ishes of Tagipahoa and Orlf ans. If you re¬ 
member, the returns from these parishes 
were put into the ballot boxes. It seems 
impossible to prevent some ot the commis¬ 
sioners from placing the returns in the 
boxes and sealing them up. Under the old 
law it was the custom to make returns to 
the sheritt, and he would take the keys and 
open the box and take out the returns and 
have them compiled. 

President Wells—The board has doubted 
its authority, although we have sent for the 
boxes, and we have been sustained in that 
ruling by Judge Spofford. He says we 
ruled correctly in not going outside of what 
is before us. 

Colonel Zacharie—You will see that he 
didn’t take any position of that kind at all. 

President Wells—I think he agreed with 
us. We will proceed to take action upon 
the Baton Rouge case. We would be glad 
to ascertain your object in having the 
boxes brought here. 

G >vernor Wickliffe—The returns and 
tally sheets, etc., from the parish of East 
Baton Rouge are looked up in the box, and 
the supervisor has made uo return at all. 
Polls Nos. 4 and 6 are omitted from the 
consolidated statement. 

Major Herron—Here are two boxes re¬ 
turned by two commissioners. Instead of 
counting the papers and returning them to 
the supervisor, they have looked them up 
in the box, with the votes sealed up, and 
sent them to the oierk of the court. We 
have found that they committed an error, 
and we ask to supply the board with the 
missing returns of those wards. We wish 
to have the boxes opened to place the 
returns belore you, but the supervisor has 
gone away, and hence we request that the 
boxes be brought and opened. The order 
that you gave the other day was that the 
seven boxes (those that had been omitted) 
should be brought before the board. All 
seven have been placed in one large box, 






Twelfth Day's Session. 


79 


and are in keeping of the United States su¬ 
pervisor. 

President Wells—I am aware of that. 
What 1 wanted to get at was our authority 
for having these boxes opened and taking 
out the papers and supplementing any 
omission in the returns. That is the ques¬ 
tion before the board. What we want to 
get at is, can we go behind what is already 
here before us from the supervisor of reg¬ 
istration ? The board has decided repeat¬ 
edly that the returns of the supervisor are 
prima facie evidence of what occurred. 
Now, it we take these boxes and examine 
these papers as you desire us to do, that 
can be done ; but the question is whether it 
gives us the authority, even after seeing the 
returns, to take them from the supervisor’s 
statements to supplement the omission with 
them. 

Mr. McGloin—The law requires you to 
canvass the statement from the commis¬ 
sioners. 

President Wells—I differ with the gen¬ 
tleman. The commissioners send their re¬ 
port to the supervisor. He is the medium 
between the commissioners and the board 
of canvassers, and all statements coming 
from the supervisor of regintraiion, as I 
have said before, prima fade evidence of 
the result of the election. Hence, we can 
not go behind that report. We can not 
ignore what he states to us. We must take 
that as the evidence and our guide for our 
decisi'^n. 

Mr. McGloin—In those particular polls 
the supervisor omitted all the report as to 
vote, and these polls he dues not canvass 
at all. 

President Wells—Let us have the state¬ 
ment read, and then we will all be better 
informed. 

General Anderson read the remarks ap¬ 
pended to the consolidated returns of the 
parish, as follows: 

The illegal, informal and void pretended 
statements of votes, written record, tally 
sheets, etc , brought to me from the follow¬ 
ing named and designated polling places of 
this parish, to wit: 

Poll No. 1, ward No. 1, the poll estab¬ 
lished in the third ward, the poll estab¬ 
lished in the fourth ward, the poll estab¬ 
lished in the fifth ward, the poll established 
in the sixth ward, the poll established in 
the seventh ward, the poll established in 
the eleventh ward, are not included in the 
foregoing consolidated statement, and I 
hereby file and make part of this statement 
my earnest protest against the documents 
purporting to be a statement of votes, writ¬ 
ten records, tally sheets, etc., being made 
in any way* a part of the returns of the 
election of the parish of East Baton Rouge, 
for the following reasons: 

At poll No. 1, ward No. 2, the commis¬ 
sioners of election regularly, legally ap¬ 
pointed and qualilied, were not permitted 
to perform their duties, but were ejected 
from the polling place, and no legal or 
valid documents have been received from 
that poll by me. 

At the poll in the third ward no written 
record was received. The commissioners 
of election have failed and refused to swear 


to the correctness of the documents trans¬ 
mitted. 

At the poll established in the fourth ward 
all the original papers were sealed up in 
the ballot box, and what purported to be 
copies thereof were brought to me. 

At the poll in the fifth ward, one of the 
commissioners of election will not qualify 
to the correctness of the documents so pre¬ 
sented, and the other two certify that the 
pretended statements of votes, tally sheets, 
etc., were compiled and made out from in¬ 
formal tally sheets, statements of votes, etc. 

At the poll in the sixth ward all the 
original documents used in making the 
count, consisting of written records, tally 
sheets, poll book or list, were sealed up in 
the ballot box. The commissioners will 
not qualify to the correctness of any other 
papers. 

At the poll in the seventh ward the state¬ 
ment of votes are incorrectly and inform¬ 
ally made out, and the tally sheet does not 
show the offices for which the candidates 
were voted for in many oases, nor are the 
totals carried out. 

At the poll in the eleventh ward no writ¬ 
ten record of voters or of persons voting 
has been received, and the commissioners 
have refused to qualify to the correctness 
of the pretended written record forwarded. 

Inclosed please find testimony upon 
which the foregoing protest is predicated, 
and which is hereby made part of my 
sworn statement, and affixed as the law 
requires 

Other testimony will be furnished if 
requested. F, A. CLOVER. 

Supervisor of Registration Parish of East 
Baton Rouge, 

Governor Wiokliffe—What is the date of 
that protest? 

General Anderson—Eleventh of Novem¬ 
ber, 1876. 

Governor Wickliffe-^-Is not the copy filed 
in The clerk’s office in the parish? 

General Anderson—Here is what is in the 
clerk’s office on file: I, Henry Behrel, clerk 
of the court, do certify that the within and 
foregoing consolidated statement of votes 
contains the aggregate and true statement 
of votes cast at polls Nos. 2, 3, 4, 10, 11, 12 
and 14, as the same appears from the 
duplicate statements now on file in my 
office. In order to make the polling places 
which are assigned in the parish of East 
Baton Rouge at the general election, No¬ 
vember 7, conform to the numbers on 
the consolidated statement of votes, 
the supervisor has given poll No. 2 of ward 
one oi the parish to ward two on the con¬ 
solidated statement. Poll No. 1, ward two, 
has number three; poll No. 2, ward two, 
has number four; poll No. 1 has number 
ten on the consolidated statement; poll No. 

1, w rd nine, has eleven on the consoli¬ 
dated statement: poll No. 1, ward ten, has 
twelve on the consolidated statement, and 
poll No. 1 ward twelve, has fourteen on the 
consolidated statement. 

President Wells—is the seal affixed? 

Mr. McGloin—Is there any date to the . 
statement that it is incorporated on the 
consolidated statement? 

General Anderson™Yeg, sir. 





80 


Proceedings of tile Beturning Board. 


Mr. MoGloin—There is a date at the bot¬ 
tom of the paper, but the ink at this dis 
tanoe from the paper looks as though it 
was a different ink from that used to write 
the remarks with. 

General Anderson—Come around and 
look at it 

Mr. MoGloin—We have a certified copy 
of the paper, and I call your attention to 
the fact that the ink used in that consoli¬ 
dated statement before you is of different 
colors. There is no testimony to show that 
the statement was in the possession of Mr. 
Clover from the eleventh of November. 
Now, we have a certified copy from the 
clerk that this has never been sent, and I 
charge that these remarks have been 
written in since the supervisor made his re¬ 
port, and we will furnish the evidence it 
you give us an opportunity. 

Mr. Giuthreaux--Section two of the 
election law says that the presiding officer, 
speaking of the Eeturning Board, shall at 
the meeBng of the board provide for the 
canvassing of the returns, and open in the 
presence of the said returning officers the 
statement <'i the commissioner of election, 
and said returning officers shall upon suid 
statement canvass and compile the returns 
of the election in duplicate, etc. Here is 
clear authority for your board to take up 
the statement of the commissioners and ex¬ 
amine them and compile from them the 
vote of the parish of East Baton Rouge. 
The supervisor himself shows us that there 
are certain polls in that parish at which 
votes were received which he does not re¬ 
turn on his consolidated statement. The 
law does not say that you shall file the con¬ 
solidated statement, but that you shall file 
the statement of votes made at the time of 
the election by the commissioners of elec¬ 
tion. 

President Wells—The commissioners 
make their returns to the supervisor, and 
he makes his return to us. 

Mr. Gauthreaux—But whore he fails to 
make any statement of the votes, and where 
we come here and offer to produce them be¬ 
fore you— 

President Welle—Take him before the 
courts and punish him. 

C' louel Zacharie—May I ask one ques- 
tiopl Suppose the supervisor had only re¬ 
turned one poll from East Baton Rouge? 

Governor Welle—We should have been 
governed by that return. 

Governor Wickliffe—Could you not call 
upon the officers for their returns? 

President Welle—Our action would be 
predicated upon the statemeat made before 
the board by hie consolidated statement to 
the board. The commissioners make their 
returns to him, apd he submits his return 
to us. 

Governor Wickliffe—But he does not see 
proper to make those returns at some of 
the polls. 

President Welle—We can’t go behind his 
report and investigate his action. 

Governor Wickliffe—Then the ruling 
means this, that it is within the power of 
the supervisor to disfranchise any parish 
by making such omission? 

President Wells—He is punishable by the 


laws established for punishing offenses of 
this kind, and when the gentlemen desire 
that this thing should be done they must 
go before the courts. We have no author¬ 
ity to send ffir the parties or to punish 
them. 

Mr. McGloin—Will you allow us to prove 
that that was not upon the document when 
it was certified by the clerk of the court? 

President Wells—I presume you have 
been furnished with all the evidence that 
has been furnished here to us. You have 
copies of it. I suppose you have also been 
served with the protests in these contested 
polls. 

Mr. McGloin—We have, sir. We can 
prove now that the protest was not on the 
return when the jurat was put there by the 
clerk of the court. 

Governor Wickliffe—And offer to prove 
it. 

Mr. McGloin—And continue to ask that 
you will allow us the opportunity. We call 
attention to the fact that tue consolidated 
statement omits entirely the statement of 
votes from this poll, and that in the can¬ 
vassing you will canvass what is not in the 
consolidated statement. 

President Wells—If he fails to make a 
return we must take no more than is in the 
consolidated statement and accepc it. 

Mr. McGloin—But the Almighty has given 
you eyes with which to see it. 

President Wells—The board will not ad¬ 
mit it. We are not here to be charged with 
improper action. 

Mr. McGloin—We are all free, sir! 

President Wells—Thank God, I am as 
free as you are. 

Mr. McGloin—We will see that, sir. 

Mr. Gauthreaux—Then the board has 
ruled that this prima facie case has not 
been made out. We come now with the 
ballot boxes which contain the statement 
of votes provided in this section of the law 
just quored, and we offer them as evidence 
to prove our case under the ruling of the 
board. The law does not say that you may 
compile the evidence from the statement of 
the supervisor, but it says that you shall, 
at such meeting, open, in the presence of 
the returning officers, the statement of the 
commissioners of election, and it again says 
that you shall compile from said statement 
of votes. It does not say anything about 
the consolidated statement in this connec¬ 
tion. 

President Wells—Read that section, and 
you will see that it requires that the com¬ 
missioners shall make their returns to the 
supervisor of registration, and the super¬ 
visor makes bis return to the returning 
officers. 

Mr. Gauthreaux—But in the history of 
this board you have sent for the ballot- 
boxes—you have taken out the returns, and 
we ask you now to do that same thing 
which you did before in a similar case. We 
don’t— 

President Wells—We must adhere to the 
ruling of the board. 

Mr. Gauthreaux—We don’t say that you 
shall count them, but you get the returns 
before you and consider them. We don’t 
pretend to dictate what you shall do after 




Twelfth Day's Session. 


St 


they are before you, but in order that you 
may have an opportunity of deciding the 
question we present to you. 

Mr. Ray—I think this difficulty has been 
settled before; the question raised here 
was raised before the board two years ago 
in the case of De Soto parish, when no re¬ 
turns were made out at all; the parties in¬ 
terested brought the duplicates filed with 
the clerk; the board declined to reoeisre 
them, because they did not come through 
the proper channel; then they took a man¬ 
damus from the court to compel the board 
to receive the returns that came from the 
clerk; and the court decided that the board 
could only receive them through the chan¬ 
nel provided by law, and refused to compel 
the board to receive these duplicates; in 
the Lafayette case, as you will recollect, 
it seems that the case was like 
this, where the papers had been put 
in the ballot boxes which the supervisor 
returned to the board. Then the parties 
asked the court to compel the parties to 
open them and send them up, and then 
when they were sent up this board could re 
ceive them. When the boxes were open 
two years ago it was done by the parties 
interested. I don’t see any objection to it 
at all by the parties interested. But the 
question has been settled by the courts and 
by this board in the case ot De Soto parish, 
where no returns were made. 

Mr. McGloin—Does your party make any 
objection now ? 

Mr. Ray— I am merely stating what the 
law is. i am representing the board here, 
and I am merely stating what has been de¬ 
cided, and what the precedents are tor the 
action of the board. I am not arguing on 
behalf of any outside party, but merely 
stating what the law is to sustain the presi¬ 
dent ot the board. 

Mr. McGloin—How do you know there is 
no objection? 

Mr. Ray—The board will recollect that in 
the De Soto case, they brought the returns 
and laid them on the table before the 
board. The board said, we can not receive 
them except from the supervisor; that they 
obtained a mandamus to compel the board 
to receive the returns, and the court said 
that the board had no authority to receive 
them except through the regular channel. 
Therefore the case is settled. The board 
can act upon nothing except it is 
brought through the regular legal 
channel provided bv law. If there are re¬ 
turns forwarded to this board by the super¬ 
visor, then it is the duty of the board to ex¬ 
amine the returns made by the supervisor 
or the commissioner of election, and if any 
informality exists, then the board has the 
right to reject them; but they must come 
from the supervisor before this board can 
act on them at all. 

President Wells—That will be the ruling 
of the board, and it will adhere to it. 

Mr. McGloin—In what capacity do you 
make this argument, Mr. Ray? I would like 
to know. 

Mr. Ray—It is not a matter for me to ex¬ 
plain to you. 

Mr. McGloin—I would likd to know in 
what capacity you are here? 

11 


President Wells—It is not the place for 
you to discuss that question. 

Mr. McGloin—I am not going into a dis¬ 
cussion of the question. 

President Wells—Will the gentleman sit 
down and stop this discussion? 

Mr. McGloin-If the Republican candi¬ 
dates have filed a protest against your pur¬ 
suing the same course in the parish of Or¬ 
leans as was done in 1872 that is a different 
matter, otherwise you have no right to 
say it is not by mutual consent. 

Governor Wickliffe—The same case arose 
in Tangipahoa where the tenth ward and 
eighth ward returns are all looked up in the 
boxes. The boxes are directed to be sent 
wherever you will prescribe they may bo 
sent. 

President Wells—I will consider the 
matter. 

General Herron—I don’t understand that 
the board has decided the question. 

President Wells—The board has decided 
to be governed entirely by the returns of 
the supervisor of registration, and that all 
reports from the commissioners of election 
must come to this board from the super¬ 
visor. 

General Herron>»-I desire permission of 
the board to submit a question not touched 
upon. Mr. Ray, I think, in alluding to the 
previous decisions of the court, and of 
this body, did not state the case, with the 
facts, as they appeared before the board; I 
understand the supervisor has made 
his report, and has accompanied it 
with the reports made by the com¬ 
missioners of election to him; some 
of these reports he considered were 
in proper shape and form, and has con¬ 
solidated them. There were others he did 
not consider, and he did not put them on 
his consolidated report, but at the same 
time he sent these statements of votes, 
such as they were, improper though they 
were, to this board, to exercise its revis¬ 
ing powers over his action. Now, you will 
find that iu the fifth ward, where the defect 
was that the tally sheets had not been 
made out strictly according to law, but 
made out from informal tally sheets, that 
defect reported by him, as shown by 
the papers, was that one ot the commis¬ 
sioners, after the boxes had been handed to 
the clerk, refused to give the tally sheets 
that had been sworn to at the polls to the 
other commissioners in order that they might 
make a report; for that reason those re¬ 
turns will show secondary evidence, but 
which was not produced to the supervisor 
on account of the delinquency and offense of 
one of the commissioners himself. That is 
one defect. I will say, that in every instance 
the board will find accompanying consoli¬ 
dated reports defective papers; so consid¬ 
ered by the supervisor, who is only a min¬ 
isterial officer; receiving the returns and 
compiling them, his idea of what the 
proper compilation is, it is true, sending 
the means to the board of correcting it, 
whether he has given too much or too lit* 
tie, by the accompanying documents 
of the commissioners. All these are 
before the board; and notably in the 
fourth and sixth wardsy' his report tells 





82 


Proceedings of the Peturning Board. 


the board that he has nut com¬ 
piled the returns, from the fact 
that the proper papers were looked 
up in the boxes. But he states the fact 
that he received the returns, it is true, im¬ 
perfect; but then the regular returns were 
looked up iu the box, and now you order 
the box before you. It seems to me that 
without modifying the order of the board it 
would be perfectly competent for this board 
to take the boxes and perform the simple 
duty, and get the reports referred to by 
the supervisor himself. I don’t think it 
would be transcending the law or violating 
any previous ruling of this board ; I will 
submit the question. 

President Wells—It has a tendency to 
widen the range of the discussion, and it 
seems to me that we have not the time to 
give our attention to it, and hence, we must 
adhere to the ruling of the board. 

Governor Wickliffe—May I ask what dis¬ 
position you have made of the vote of Red 
River? 

President Wells—It has been opened, but 
nothing done with it. There is a general 
protest in that case. We will take these 
things now under consideration and delib¬ 
erate upon them and examine the papers, 
and if there is anything wrong we will try 
and give you the information where the 
wrong is, if we consider there is a wrong. 

Governor Palmer—Our attention has 


been called to two protests in this parish. 
Are there more than two? 

President Wells—I can not remember. 

Mr. McGloin—There is a protest by Ra- 
ford Blunt, a candidate himself defeated, 
though not by the supervisor. 

Governor Wickliffe—Grant parish was 
before the board. Have you taken it under 
advisement? 

President Wells—We have taken no ac¬ 
tion, and have no opinion. 

Governor Wickliffe—I would ask the 
board to take action upon it so that we may 
know what to do. 

President Wells—You shall know in time. 

Mr. McGloin—I want to know how you 
are going to act upon the ruling regarding 
protests coming up from the supervisors at¬ 
tested by three witnesses; if you are going 
to only receive the protests in that way, or 
receive them generally as you have done in 
the case of Packard and Blount? 

President Wells—Whenever protests are 
supported by the proper evidence they will 
be received, and we -will be the judges of 
the evidence introduced to support the 
protest. 

Mr. McGloin—You don’t intend to abide 
by the law which requires protests to come 
up in that way? 

President Wells—This case goes over for 
our consideration, and the board stands ad¬ 
journed until to-morrow morning at ten 
o’clock. 


THIRTEENTH HAY’S SESSION. 


Friday, December 1, 1876< 

The board was called to order at 10:45 A. 
M., President Wells in the chair. All the 
members present. The minutes of the pre¬ 
vious meeting were read and approved. 

President Wells—I wish to call the re¬ 
porter’s attention to the report which ap¬ 
pears in this morning’s Republican in re¬ 
gard to my reply to a question asked by 
Governor Palmer. Governor Palmer asked 
the question, “How many protests are 
there in the case of Red River?” I an¬ 
swered, “There are two.” Governor Pal¬ 
mer asked, “Are there any more?” I an¬ 
swered, “I can not remember;” but I am 
reported as having said, “I can not remem¬ 
ber; there^is a protest by Raford Blunt, a 
candidate himself defeated, though not by 
the board.” I did not use the latter sen¬ 
tence. 

In answer to President Wells the steno¬ 
grapher stated that the objectionable sen¬ 
tence referred to by President Wells was 
spoken by Mr. McGloin, as a reference to 
his notes plainly showed, but that in writ¬ 
ing them out the amenuensis omitted to in¬ 
sert the name of Mr. McGloin, and hence 
the incorrectness. 

Judge Dibble—I would like to ask as to 
the proper interpretation of the ruling of 
the board with reference to allowing coun¬ 
sel twenty-four hours in which to cross-in- 
terrogate? The gentlemen upon the other 


side attempted to serve interrogatories 
upon us after four o’clock yesterday, and I 
have been directed by counsel upon our 
side to say that they deem themselves justi¬ 
fied in declining to receive interrogatories 
filed after that hour; as the terms 
of twenty-four hours could not elapse be¬ 
fore the testimony was to be closed by the 
announcement of the board, and unlees the 
board extends the time, the counsel upon 
the other side will persist in refusing to re¬ 
ceive interrogatories served upon theno 
after four o’clock yesterday. I shall object 
to the testimony being filed which may be 
taken by counsel upon the other side under 
interrogatories not served prior to four 
o’clock yesterday. 

Mr. Gauthreaux—Upon our side, some 
were served upon me this morning. 

Governor Wickliffe—Those are cross-in¬ 
terrogatories. 

Judge Dibble—I received cross interrog¬ 
atories to those served by us yesterday. 

Governor Wickliffe—I hope that the board 
will modify its ruling, and lessen the time 
for serving cross interrogatories. You are 
aware of the fact of the difficulty we labor 
under in getting witnesses from a distance. 
There are some we can not get to day. I 
hope that the gentlemen will consent to 
have the time limited to four or five hours; 
and I ask the board to extend the time for 
admitting the evidence until ten o’clock to¬ 
morrow morning, and that the rule for 









Thirteenth Day's Session. 


83 


serving cross interrogatories be changed to 
those hours. 

President Wells—We will extend the 
time until ten o’clock to-morrow morning 
for filing of evidence, and limit the time for 
services to six hours. 

Colonel Zacharie—I desire to state with 
reference to the brief filed yesterday by 
Mr. Walker, for E. North Cullom, that 1 
was unable either to procure the original or 
a copy of it. 

President Wells—I ordered a copy to be 
made; I don’t know whether it was done or 
not; I will make inquiries. 

Colonel Zacharie—Mr. Green informed 
me that the document had not passed into 
his possession. I don’t know whether Mr. 
Abell has it or not. 

Judge Spofford—The minutes state that 
it was filed, but I understood it was not to 
be filed until we had got a copy of it. We 
concluded that it should be read, but that 
he might have it introduced. 

Colonel Zacharie—The assistant clerk in¬ 
formed me that Mr. Walker had taken it 
back again. For that reason I have been 
unable to complete my brief this morning 

President Wells—Let the brief be filed 
to morrow morning. 

Colonel Zacharie—It is impossible for us 
to present it until we get that brief. The 
question is where is it ? It is unnecessary 
to make a copy of it. If you will let me 
take tbe original I will bring it back when 
I have completed my brief. 

Judge Dibble—Do I understand that the 
rules were modified by the board, so that 
the time of putting in evidence is extended 
until ten o’clock to-morrow, and then six 
hours only will be allowed for service of in¬ 
terrogatories? 

President Wells—Yes, sir. 

Mr. Walker—I understood that I was to 
get a copy of the written argument pre¬ 
sented by Judge Spofford here yesterday, 
in order that I might have an opportunity 
to reply to it. 

Judge Spofford—The gentleman had it 
from me yesterday, and has tiled notice of 
its contents. The brief which he has filed 
here he has never shown to us. He has not 
consented to give us the benefit of that. 
We will have ihe brief printed, and when 
it is printed we will give him a copy of it. 

Mr. Walker—I merely mentioned that I 
understood I was to be furnished with a 
copy of the gentleman’s argument. Am I 
mistaken? It is a matter of very little con¬ 
sequence with me, but that was my under¬ 
standing of it. 

General Anderson—I move that Colonel 
Zachaiie be allowed to take the original 
of the argument of Judge Cullom that was 
filed yesterday, upon his giving a receipt 
for it, to be returned by six o’clock this 
evening. Will that be satisfactory. Colonel 
Zacharie? 

Colonel Zacharie—That will do. I will 
take it. 

General Anderson—Just previous to the 
adjournment yesterday afternoon you ruled 
that the boxes from East Baton Rouge 
should not be allowed to be opened. I am 
very anxious that yon should reconsider 
that, and allow those boxes to be opened in 


order that we may get at it and take it 
under consideration. If it is necessary I 
will make the motion, and if you can see 
proper to reconsider your views upon that 
subject, as you ordered the boxes to be sent 
for, and they are here, I understand, I 
should be glad to see it done. 

President Wells—I will modify the order. 
We will take the boxes and examine them. 

Governor Wicklifl'e—Allow me to send 
for the gentlemen who have charge of 
them. 

President Wells—You will have time 
allotted to you for that, sir. 

Colonel Zacharie—Do I understand that 
the order was allowed for bringing the 
boxes? 

President Wells—Yes, sir. 

Colonel Zacharie—Will you make an or¬ 
der for the supervisor’s bringing them here? 

President Wells—Yes, sir. 

Judge Spofford—I desire to ask whether 
the duplicate originals that were ordered 
yesterday morning to be sent for, have been 
sent for? 

President Wells—They have not been 
sent for. 

J udge Spofford—Will they be? 

President Wells—What parishes are they 
asked from? 

Judge Spofford—One of them from Tang¬ 
ipahoa and a few of them in East Baton 
Rouge. 

Colonel Zacharie—They have been 

brought here. 

Judge Spofford—I was mistaken; the du¬ 
plicates in tbe office of the Secretary of 
State from Orleans parish. 

President Wells—Yes, sir; we will have 
them here. 

Judge Spofford—I understand that the 
order moditied this morning includes the 
Tangipahoa box? 

President Wells—Yes, sir. 

Judge Spofford—Hds it been sent for? 

President Wells—It has not, sir. 

Judge Spofford—Will you grant an order 
for it, sir? 

President Wells—Yes, sir. I will draw 
the order up and sign it. 

The large box containing the ballot-boxes 
from East Baton Rouge was then brought 
into the room bv J. Harney, deputy clerk 
of East Baton Rouge, and the supervisor, 
Edward Cheatam. The box containing the 
ballot-boxes was carefully nailed up and 
sealed. The box was opened and the bal¬ 
lot-boxes, seven in number, were taken out. 

Mr. Harney called tbe attention of the 
board to the fact that one of the ballot- 
boxes had one of the seals broken, but the 
others were intact. 

Mr. Cheatam- We made a memorandum, 
of that fact before we left. The ballots 
were then deposited, in the presence of 
fifty witnesses. 

President Wells- It is not proposed to 
open but the two boxes. 

Governor Wickliffe—The returns are in¬ 
cluded in the polls from the sixth and 
fourth. 

General Anderson opened box four with 
a key which was furnished him by Judge 
Trumbull. Mr. Gauthreaux opened the 
box from ward six. General Anderson ex- 





84 


Proceedings of the Beiuming Board, 


amined the contents of the boxes, remark¬ 
ing that if they bad had such boxes in his 
ward he would have been elected. General 
Anderson removed from box six the tally 
sheets and statement of votes and the poll 
list. He handed the statement of votes to 
Mr. Kenner and asked him to read the vote. 

Mr. Kenner— 


KellotrK. 


MeEnery.. 


Burch. 

.12 

Wickliffe. 


Joseph. 


St. Martin.. 


Sheldon. 


Poche. 


Mart*. 

.12 

De Blanc. 

.64 

Bey i see. 


Seav. 


Brewster. 

.12 

Cobh... 


JofEroin. 


Cross. 



For Governor—Packard, 12; Nicholls, 64. 

All Republicans 12 and the Democrats 64. 

General Anderson—Let us see if we can 
find a Republican ticket in the box. 

Mr. McGloin—It is like looking for a 
needle in a haystack. 

Mr. Burch—We always get a large ma¬ 
jority there. 

Maior Herron—There is a contest going 
on in that parish, and we would like the 
tickets preserved. 

General Anderson then opened box No. 4, 
and stated that the statement of votes was 
not signed by the commissioners at all. 

Major Herron—Of course it was not 
signed, because it was locked up in the 
box. We can not reach it. 

General Anderson—The tally sheets ap¬ 
pear to be signed; the vote stands 373 for 
Samuel J. Tilden and seven for Rutherford 
B. Ha.ves. 

Mr. Gauthreaux—All the Tilden electors 
have 373, except Cross, who has 374. All 
the Republican electors have seven On 
the consolidated statement of the parish of 
East Baton Rouge returned by the super¬ 
visor there were only seven polls. These 
two make nine. There are now five re¬ 
maining polls not opened. I understand 
from General Anderson that the statement 
of votes of these five polls are in the hands 
of the board. I would like to know if I am 
correct. 

President Wells—I really can not tell. 

General Anderson—I find in this box 
(No. 6) a great many tickets not folded. 

Mr. Cavanac—I think you will find that 
they have all been folded. 

Mr. McGloin—You have not goi your 
spectacles on. 

General Anderson—Gentlemen, you can 
take them and see whether they are folded 
or not. 

President Wells—Gentlemen, the ques¬ 
tion was not with reference to the tickets, 
but with reference to the papers; put the 
tickets back into the boxes, and let us go 
on. 

Mr. Gauthreaux—But General Anderson 
raised the question. 

General Anderson—You can all look at it; 
there it is; you can see that it is not folded. 

Several of the counsel stepped forward 
to take the ticket and examine it. 

General Anderson demanded that they 
should not put their hands on it, but that 
some one of the visitors should examine it. 

Mr. McGloin—Let Governor Palmer see 
and examine it. 

Governor Palmer—I don’t desire to ex¬ 


amine the ticket. Let the gentlemen 
themselves do it. 

General Smith—That is all right. Mr. 
Green says it is a straight ticket. 

Mr. McGloin—I would suggest that the 
poll list had better go back there. I would 
not keep anything out but the statement of 
votes. 

Mr. Gauthreaux—Will you please direct 
the secretary to find @ut from what polls in 
Baton Rouge the statements of votes are 
now here, in order to see if they are all in 
your hands ? 

President Wells—I will have the papers 
brought in and examined. 

General Anderson (examining one of the 
statements of votes)—There has been some 
scratching here. That is 279, and then it 
was scratched and made 269, and then 260 
put in. 

President Wells—Anything that will give 
us information will be retained out of these 
boxes, and when we are through with them 
they can be returned. 

Mr. Gauthreaux—They appear to have 
skipped a name on the statement of votes 
and then put the number in afterward. 

General Anderson—The consolidated 
statement is signed by all three of the com¬ 
missioners. 

Governor Wickliffe—I don’t think that 
the poll list will throw any light upon the 
subject before us at all. It is important to 
have the lists in Baton Rouge, as they are 
now having a contested election there and 
want the lists for examination. 

Colonel Zacharie—I should like to ask 
for information myself. Some of our 
friends who are attending here don’t un¬ 
derstand the position of the East Baton 
Rouge case or what the board proposes to 
do. I believe it is conceded that the super¬ 
visor’s compilation of the compiled state¬ 
ments which came up show but the returns 
of seven polls. I understand that in five 
other boxes of these remaining seven there 
are no returns. And the question is, 
whether the supervisor forwarded up the 
returns of these five polls. 

President Wells—We want to examine 
that matter. Colonel Zacharie, and if they 
have not, after we have made the examina¬ 
tion we will inform you. 

Mr. Gauthreaux—I would suggest that 
the deputy clerk of East Baton Rouge is 
now here. I would like to know if the 
board would have any objection to receive 
the statements of poll No. 5 from him? 

General Anderson—I think we have all 
that. Look at the minutes where I read 
from the statement of votes of the super¬ 
visor of Baton Rouge four or five days ago, 
and see if we have it. 

Mr. Green—Here is the statement about 
the fifth ward. 

President Wells—In regard to the returns 
of wards which you desire. Colonel Zacha 
rie, for the papers from the Secretary of 
State’s oflBoe, I have a communication from 
him, declining to give them, as they are a 
part of the archives of his office. 

Colonel Zacharie—Then I ask for an or¬ 
der from the board to the supervisors to 
bring up copies which they have filed with 
the commissioners. I suppose the order can 





















Thirteenth Day^s Session. 


85 


W8ue now, and they be served within two 
hours time. They are in the city. 

irresident Wells—Can you get them here 
by ten o’clock in the morning. 

Colonel Ztcharie—Yes, sir; if you will 
issue the order and give it to the sergeant- 
at-arms. 


President Wells—If you will find out the 
parties and where they are we will try and 
serve the order. 

Mr. McGloin—The candidates for justice 
01 the peace and constablbs in the Seventh 
Justices Court have prepared an argument, 
and ask me to hie it. 

President Wells—Let it be filed. 

General Anderson—Shall the ballot boxes 
from Baton Rouge be turned over to the 
clerk of East Baton Rouge? 

President Wells—Yes, sir; and take the 
clerk’s receipt as to the condition in which 
we have returned them, with a statement 
of the papers taken from them. 

Mr. MoGloin—Would it not be well for 
the board to seal up and put stamps on the 
boxes, so that they may know that they 
have not been tampered with ? 

General Anderson—If they are in the 
charge of the proper custodian, the cierk of 
Baton Rouge, we have nothing to do with 
them. 


Governor Wickliffe—They are in charge 
of the clerk of the court and the Demo¬ 
cratic-Conservative supervisor. 

General Anderson—I presume they are 
safe in his hands. 

Major Herron—I would desire to make 
an explanation with reference to the polls 
of East Baton Rouge. The papers of poll 
No. 1 in ward No. 1 will be found in the 
box you have examined, lor the reason 
that the supervisor refused to accept the 
returns made by the commissioners, they 
having changed the commissioners on the 
morning of the election in this way: The 
Democratic commissioners, when each com¬ 
missioner exhibited his authority to act, 
finding that neither of the Republican com¬ 
missioners had taken the oath required, and 
therefore not being qualified to act, ap¬ 
pointed one under the law, and they two 
appointed an other commissioner, thus ex¬ 
cluding the man who claimed to act as a 
Republican commissioner, because he had 
not been sworn and qualified. For these 
reasons the supervisor declined to receive 
the returns from him. Only twenty-eight 
votes were polled at that poll. 

The board adjourned until ten o’clock 
to-morrow morning. 


FOURTEENTH DAY’S SESSION. 


Saturday, December U, 1876. 

The board was called to order at 10:55 
A. M , President Wells in the chair, and 
all the members present. 

The minutes of the previous meeting 
were read and approved. 

The Hon. Senator Sherman, the Hon. 
Eugene Hale and Hon. J. B. Stevenson 
were in attendance on behalf of the Repub¬ 
lican delegation. On the part of the Dem¬ 
ocratic delegation, Judge Trumbull, Gen¬ 
eral Smith, Governor Palmer, Governor 
Bigler and Mr. Julian were present. 

Mr. MoGloin—I presume the time has ar¬ 
rived for oflfering testimony. We have the 
necessary receipts. 

President Wells—Will you give us a list 
of the evidence ? 

Mr. MoGloin—Yes, sir. We have receipts 
from the clerk for ’he number of witnesses 
in each case. In the matter of West Feliciana, 
we have the testimony of thirty-three wit¬ 
nesses. In the matte' of the parish of Rich¬ 
land I offer the testimony of tour witnesses. 
In the matter of the parish of East Felici¬ 
ana, I offer the testimony of sixteen wit¬ 
nesses. In the matter of the parish of Grant, 

I offer the testimony of three witnesses. In 
the matter of the third ward of the parish 
of Orleans, I offer the testimony of eleven 
witnesses. In the matter of the fourth 
ward of the parish of Orleans, I offer 
the testimony of five witnesses. 
In the matter of the second ward of the 
parish of Orleans. I offer the testimony of 
five witnesses. In the matter of the parish 
of Morehouse, 1 offer the testimony of 
fourteen witnesses. In the matter of 


the parish of Ouachita, I offer the 
testimony of seventeen witnesses. I 
offer the testimony of the witnesses in 
relation to this matter of Mrs. Pinkston, 
and if you will be kind enough to permit it 
in this matter, I would like especially for 
the Northern gentlemen on the Republican 
side who are present here, to take the 
trouble to examine the testimony which 
we have. It is clear and overwhelming. 

Governor Palmer—How many witnesses 
did you have in that matter? 

Mr. McGloin—Seventeen. 

General Anderson—Have the interroga¬ 
tories all been crossed in accordance with 
the rule? 

Mr. McGloin—Yes, sir; all cross-interrog¬ 
atories have been served upon us; some of 
the interrogatories the Republicans did not 
cross, and we did not cross some of theirs, 
but they were regularly tendered; all that 
we offer have been regularly tendered. 
In the matter of the parish of East Baton 
Rouge I offer the testimony of forty wit¬ 
nesses; in the matter of the eleventh ward, 
oarish of Orleans, I offer the testimony of 
nineteen witnesses; in the matter of parish of 
Franklin I offer the testimony of three wit¬ 
nesses; in the matter of the parish of Natchi¬ 
toches I offer the testimony of seven wit- 
nes-es; in the matter of the parish of Web¬ 
ster I offer the testimony of one witness; 
in the matter of the parish of DeSoto 1 
offer the testimony of four witnesses; in 
the matter of the parish of Lincoln I offer 
the testimony of one witness Mr. Chair¬ 
man, here is the argument and the accom- 
parjying affidavit of Mr. Clegg, of the par- 













86 


Proceedings of the Eeturning Board. 


• ish of Lafayette, made previous to his leav¬ 
ing here, asking to have it tendered to the 
board in connection with his padsh. 

President Wells—Who is that? 

Mr. McGloin—James Clegg, a lawyer 
from the parish of Lafayette. 

President Wells—What is the point of 
dispute which calls for that argument? 

Mr. McGloin—Ic is in relation to the cen¬ 
sus, and all particular facts connected with 
his parish, going to show that the charges 
brought by the supervisor are not tenable, 
and also bis affidavit, going to show that 
the supervisor bad prepared a statement 
in his presence and sworn to it before the 
court, and that there was no protest upon it 
at the time that he executed it. 

President Wells—Were the documents 
served upon the other party? 

Mr. McGloin—Mr. Abell, will you be 
kind enough to tell me when the papers 
were fiLd in the parish of Lafayette? 

Mr. Abell—On the twenty-ninth. 

Mr. McGloin—The returns were only 
filed on the twenty-ninth, and it was im¬ 
possible to connect it with the parish for 
that day, and by some fortunate circum¬ 
stance he was here to make the affidavit. 
I will state in connection with this, while 
we filed the testimony, wish it to be die 
tinctly understood that the testimony filed 
in large abundance is the testimony only of 
such parishes as were accessible to us, and 
we understood the character of the protest. 

President Wells—Allow me. Were not 
all the parishes accessible to you? Did not 
the board rule that they bad a right to all 
the papers that accompanied the report of 
the supervisor? 

Mr. McGloin—If you will remember, our 
committee requested that you open all the 
parishes so we might see ail the protests at 
as early a stage of the proceedings as possi¬ 
ble. It you remember, chat application was 
repeated several times, and refused, and 
that the papers were only opened not very 
many days ago; and I call attention to the 
fact that a large number of parishes 
are under general protest, and these 
are the least accessible, and we have been 
utterly unable to get tne testimony from 
some of them. As to some of the parishes, 
we had to take the testimony of persons 
coming here not knowing that they were 
to be witnesses, and our committee desires 
to protest against the manner in which 
these matters are determined as to the tes¬ 
timony, and also the manner in which our 
committee has been treated in rela ion to 
the means of getting testimony. We have 
done the best we could under the oircum- 
stances. 

General Anderson—I desire it understood 
that when the parish of Lafayette is before 
the board, I do not participate in the pro¬ 
ceedings. 

President Wells—I understand that. 

Judge Dibble—I wish to say, on behalf of 
our side, that we object to any departure 
from the rule which the board has laid 
down under which ex parte affidavits will 
not be received. We have offered none and 
do not intend to offer any, and we have 
never seen these. 

Colonel Zacharie—As I understand it, 


the affidavit sets forth that Clegg comes 
from the parish after having filed with the 
supervisor the return and alter remaining 
here a week, and the returns having been 
accepted in the originals in which they 
were, without a protest, he endeavored to 
prevail upon the supervisor to file them. 
The supervisor returned the next day and 
told him there was no protest in the case 
whatever, and that he could go home; that 
there was no trouble about Lafayette. 
Clegg, who represents the parish, went 
home When these papers were opened on 
the twenty-ninth we discovered for the first 
time that there was a protest, and that the 
supervisor deceived Clegg. Clegg was tele¬ 
graphed for and only arrived here last 
night, so that this is not in writing in re¬ 
gard to the protest, but it contains a state¬ 
ment showing— 

President Wells—Let the statement go 
in; we will take it for what it is worth. 

Mr. McGloin—This shows, and gives force 
to our claim, that the Democratic commit¬ 
tee has been, in this matter, at a disadvan¬ 
tage that no one on earth could entirely 
overthrow, and that it has hindered them 
and prevented them from doing justice to the 
matter confided to them. In the matter of 
St Charles, one of the commissioners, 
Charles Wise, made his affidavit that he 
arrived at the polling place at six o’clock, 
and waited for one hour, but the Repub¬ 
licans not. coming, he swore in additional 
commissioners, and that after the election 
had proceeded for some time, the Repub¬ 
licans objected, and went into another por¬ 
tion of the ward and opened a polling 
place, and he asks you to disregard the re¬ 
turn. 

Judge Dibble—That is also ex parte tes¬ 
timony, to the reception of which I object. 

President Wells—In order to facilitate 
our business we will take this in now and 
have as little discussion as possible. We 
will take them for what they are worth. 
We will examine the papers, and if found 
to be wholly ex parte, returned to the par¬ 
ties. 

Mr. Ganthreaux—In the matter of affi¬ 
davits, I would like to state that the chair¬ 
man has authorized us to file these ex parte 
affidavits, and that the board would take 
them into consideration; but as the chair¬ 
man remarked he would consider them for 
what they were worth, we claim the privi¬ 
lege. We don’t claim you shall do one 
thing or another, but that they shall be 
filed. 

Mr. McGloin—That statement is made 
without our authority. We don’t consent 
to get in any ex parte affidavits of that 
sort in the nature of protests from citizens. 
The Republicans have had a large number 
of affidavits that were filed in that regard, 
and I for one do not consent to have them 
go in unless they give us at least one hour 
or so to cover ours. 

President Wells—We can not change the 
order. 

Judge Dibble—We have several thou¬ 
sands, if you will receive them. 

Mr. McGloin—So have we. 

President Wells—You must perceive the 
great quantity of matter that is to be read. 






Fourteenth Fay's Session. 


87 


We have had to employ a dozen persons to 
read the documents. It is impossible for 
us. 

Mr. McGloin—Give us five or six minutes 
for consultation. 

President Wells—Certainly, sir. 

Mr McGloin—In the parish of Claiborne 
I offer the testimony of two witnesses, J. S. 
Young and R. R. Morgan. 

Colonel Zacharie—I desire to offer a brief 
on behalf of the Democratic counsel upon 
the general law points and the particular 
points in relation to the city of New Orleans, 
raised the day before yesterday. I also de¬ 
sire to call the attention of the board 
specially at this time to a letter, which is 
on file before the board, accompanying the 
protest in the Ouachita case. The protest, 
papers and returns in the Ouachita case are 
entered as having been received on the 
twenty-fourth. This letter, which we find 
in the record accompanying the protest, is 
to this effect: 

New Orleans, November 23, 1876. 

Mr. Abell, Secretary of the Returning Board: 

Dear Sir —Inclosed please find affidavit 
of Eliza Pinkston, which was received too 
late to file with my returns. Please say 
that it was brought in with the returns 
mentioned. Very respectfully, 

M. GRADY. 

I desire to call the attention of the board 
to the fact that all these papers purport to 
have been received on the twenty fourth; 
that here is the letter showing that they 
have been received previous to the twenty- 
second, and that some of the testimony filed 
after that time was out in. 

President Wells—Where was that letter 
written? 

Answer—In New Orleans. That was the 
Republican side; your side. Governor. 

President Wells—You need not make 
any correction—I am a Republican. 

Colonel Zacharie—I thought you were a 
judge. • 

President Wells—I am, but I am also a 
Republican. 

Colonel Zacharie—When we come to in¬ 
spect the paper we find that the returns 
have been filed, and another paper has 
been put into the record. 

President Wells—We will make a note 
of it. 

Judge Spofford—On behalf of Allen 
Burksdale, of Lincoln, I file a brief of two 
pages with reference to that parish. My ar- 
gunent made here day before yesterday has 
been printed in the morning paper. I leave 
a copy for each member of the board, and 
one for Judge Walker. As the rules of the 
board might perhaps require it, I would 
ask leave to tile in writing an objection to 
the consideration by the board of any 
memorials, protests and papers filed by any 
other parties than the supervisors, and to 
all statements or protests of the supervisors 
themselves, that do not conform to the act 
No. 98. 1 reserve the right to file it, and 
also desire to state that the missing box of 
Tangipahoa is here, and ask that it be 
opened, to get out those returns. 

President Wells—The box will be opened. 

Mr. McGloin—We desire the privilege of 


filing protests as part of onr objections to 
the manner of taking testimony and the 
manner of opening the returns, communi¬ 
cating them to us, and forcing us, as we 
think, to trial without having offered us 
previous facilities for trial. 

President Welle—We can not extend the 
time longer than to-day. Try and get it to¬ 
day. Are the gentlemen through on this 
side? 

Mr. McGloin—Yes, sir. 

Judge Dibble—On behalf of the Repub¬ 
lican party, I offer the following testimony: 

1. The evidence taken in answer to the 
interrogatories of E. Heath, C. F. Ladd 
and L. P Henderson at poll No. 3, third 
ward, parish of Orleans. 

2. Testimony of ten witnesses residing 
in the parish of Lafayette, taken in an¬ 
swer to interrogatories; also, testimony of 
Charles Gridley, parish of Lafayette, taken 
m answer to interrogatories. 

3. Also, the testimony of John Turner, 
William Morris, Samuel Porter, Walter 
Wilson, M. Crawford and F. M Porter, res¬ 
idents of St. Tammany, taken in response to 
interrogatories in reference to the conduct 
of the election in the parish of St. Tammany. 

4 I offer the testimony of L. D. Simms, 
parish of Livingston, taken in response to 
interrogatories with reference to the con¬ 
duct of the election in the parish of Liv¬ 
ingston. 

5. I next offer the other testimony taken 
in reference to the conduct of the election 
in the parish of Livingston—the evidence 
of Thomas H. Bailey, also the testimony of 
Israel Rogers and John Tontten, parish of 
Livingston; also the testimony of Henry 
Carter, parish of Livingston; also the tes¬ 
timony of W. B. McIntyre, parish of Liv¬ 
ingston. 

6 . I next offer the testimony of witnesses 
taken in reference to interrogatories touch¬ 
ing the conduct of the election in the par¬ 
ish of West Feliciana. The witnesses are 
Juba A. Glasford, Washington Schooner, 
A. Mitchell, L. B. Jenks, W D. Postel- 
thwaite, Riley Norfis, Cato Harris, Isaac 
Vessell and George A. Swasey. 

7. I next offer the testimony of witnesses 
touching the conduct of the election in the 
parish of East Feliciana, taken in response 
to interrogatories. Witnesses—Lieutenant 
W. S. Davies, A. S. Orny, Henry Smith, 
Willis Wisbert, E A. Bigby, Thomas H. 
Jenks, Alonzo Brooks. 

Governor Wickliffe—I call the attention 
of the board to the fact that Postelthwaite 
has not answered cross-interrogatories pro¬ 
pounded. I crossed those interrogatories 
myself. 

Judge Dibble—Were these served within 
the time? 

Governor Wickliffe—Yes, sir. I was ex¬ 
tremely anxious to get his answers down 
upon certain points, knowing very well 
what he had said as to the fairness of the 
election, and knowing that he himself was 
satit tied with it, he having made the declara¬ 
tion here and at home, and I was anxious 
to know what inducements caused him to 
make this affidavit. 

Judge Dibble—I know nothing of the 
I matter. 





88 


Proceedings of the Beturning Board. 


Governor Wiokliffe—Of course we are in 
time. I object to the reception of that un¬ 
less answered yesterday. 

Judge Dibble—I don’t know whether the 
cross interrogatories were served upon him 
in time. 

Governor Wiokliffe—They were; for I at¬ 
tended to it myself. 

Judge Dibble—Upon whom? 

Governor Wiokliffe—The committee sent 
them immediately down to the Custom¬ 
house. 

Mr. McGloin—In any of these matters 
where there ere contests our committee has 
receipts from some of the officers. 

Judge Dibble—I move that the subject be 
laid over for further consideration. 

Mr. McGloin—I served statements of 
those crossed and those not crossed, and 
hope the board will consider it. 

President Wells—The board will not de¬ 
viate in its rulings. 

Judge Dibble—I offer the testimony of 
witnesses touching the conduct of the elec¬ 
tions in East Baton Rouge contained in the 
answer to cross interrogatories under the 
rules of the board. The witnesses are L. E. 
Loshas- 

President Wells—Are the cross-interroga¬ 
tories answered? 

Judge Dibble—I can not state. These 
gentlemen did not even vouchsafe to give 
us a list of their witnesses, and they did 
not even call on us for the list of witnesses 
whose testimony they offered. 

President Wells—The board will examine 
the matter. 

Major Herron—I would suggest that there 
may be interrogatories propounded where 
no cross-interrogatories have been served. 
Of course we could not object to taking 
such testimony when they did not object to 
ours, provided service was had. 

Judge Dibble—Certainly not. But the 
gentlemen don’t give the names of their 
witnesses 

Colonel Zacbarie—We would have done 
so if you had desired it. 

Mr. McGloin—We did not know you were 
going to adopr, that course. 

President Wells—Will you go on ? 

Judge Dibble (to Mr. MoGhsin)—I don’t 
wish nay papers touched until I get through. 
We offer in East Baton Rouge the testi¬ 
mony of L. E. Loshas, Jackson Turkey, 
Peter Gains, Andrew Harrison, Wil¬ 
son Spears, Samuel B. Wilson, W. G. 
Lane, William Wade, P. A. Clover, 
General John R Brooke, United States 
army, Alex S. Gilbert, Alex Hentz. I now 
offer the testimony of witnesses taken in 
reference to the election in the parish of 
Natchitoches, in answer to interrogatories, 
as follows: A. H. Besto, Ed. Ezennoe, 
Florida Hibby, J. Ernest Bredoe, Raford 
Blunt, Shadrack Brown and John Hender¬ 
son. 

Mr. McGloin—Can I look at the Natchi¬ 
toches papers? 

President Wells—Let him get through 
with this first. 

Mr. McGloin—I crossed those myself; 
that is the reason I want them. 

Judge Dibble—I now offer, Mr. President, 
the testimony of A. B. Levisee, taken in 


reference to the election in Caddo. I now 
offer the testimony of witnesses touching 
the election in Caddo, Sabine and De Soto; 
that includes Caddo as well as those 
named—Washington Fraser for Bienville, 
Claiborne, De Soto and Caddo; John F. 
Morrow, J J Johnston, J. M. Carter, 
C. L. Ferguson and Samuel Gardner; 
touching the election in Sabine, John 
Jones; touching the election in Grant, 
C. H. flit and N. P. Goins; in the 
parish of Morehouse, George Peterkins, An¬ 
drew Ross, Dora Hundly, E, J. Sherman, 
Henry C- Wright, William Archer, W. L. 
Richmond. J. J. Sohordt, Thomas H. John¬ 
son and Randolph Randall; touching the 
election in Caldwell, Philip Robinson; in 
Franklin, Henry White, Gabriel Hill and 
Orange Gardner; in Richland, T. B. Gard¬ 
ner, J. N. Caldo, J. H. Nettles, David Frai- 
zer, J. M. Jackson, Jeff Perkins, Archie 
Benson, William Morris, J. S. Kelly and S. 
C. Moore; in Franklin, the testimony of 
Henry White, Gabriel White, and the sep¬ 
arate testimony of Orange Gardner. 

Mr. Morey—We also offer, in behalf of 
the Republican party, testimony in regard 
to the election in the parish of Ouachita, 
consisting of the testimony of Wil¬ 
liam L. Hunt, L. Devigno, George 
B. Hamlet, E. B. Gorham, Captain Clay 
ton Hale, United States army. Lieu¬ 
tenant Henry M. McCauley, United States 
army, and of forty-eight other witnesses, 
the testimony of several of the witnesses 
bearing particularly upon and corroborat¬ 
ing the evidence given before the board 
lately by Eliza Pinkston. 

That concludes our case. 

Mr. McGloin—Toere are two packages 
from the parish of Livingston which escaped 
our attention. They are William Duncan, 
A. W. Kinchon, Lsvi Spiller and one or two 
others. I will give the names more partic¬ 
ularly later in the day. 

Mr. Morey—I will ask whether before 
that testimony was received it was filed 
with the clerk? 

Mr. McGloin—STes, sir. 

Mr. Morey—I wish to know whether it 
was filed in time. 

General Anderson (referring to a paper 
in Mr. McGloin’s hands)—That is some of 
our testimony. It is package No. 9. You 
asked to look at it for a little while, and 
you have not returned it. 

Mr. McGloin—I will ask if the gentleman 
has filed any testimony with the clerk. 

Mr. Morey—I will answer that when I 
get an answer to my question. 

President Wells (emphatically)—Answer 
the question. Let us get through with the 
matter. 

Mr. McGloin—I will answer sir, that, in 
this respect, I don’t know that anything has 
been filed with the clerk. I have a receipt 
from the clerk foi some packages. I want 
to know if the gentleman has got a receipt 
for any papers. 

Governor Wiokliffe—Just say that none 
of it is marked filed by the clerk. 

Mr. Morey—My question is, was it filed 
with the clerk? 

Mr. McGloin—Let me ask what he means 
by filing with the clerk? 






Fourteenth Bay's Session. 


89 


Mr. Morey—Was it presented within the 
time prescribed by the board for the pre¬ 
sentation of evidence? 

Mr. McGloin—If you mean by ten o’clock 
to-day, I must say that it was not. Was 
yours, Mr. Morey? 

Mr. Morey—If the gentleman will ask as 
to any speciflo portion of the testimony, I 
will answer. 

President Wells—I will settle all this. 
The board adjourned to meet at ten o’clock, 
and anything offered up te that time will 
be received. 

Judge Dibble—I object to his offering it. 

General Anderson (to Mr. McGloin)— 
Give me that paper I handed you. 

Mr. McGloin—I can not do two things at 
once. I am offering additional testimony 
m the parishes of East Feliciana and Liv¬ 
ingston. Now, General Anderson, I will 
gratify you in the matter of the parish of 
Natchitoches. As to these Interrogatories, I 
will call your attenticn to the fact that the 
cross interrogatories are not one-fifth an 
swered, and what are answered are an¬ 
swered in a very insolent and insulting 
manner. I call your attention to this fact 
as detracting from the credibility of the 
witnesses. Now you have got it (handing 
paper over). 

President Wells—Let us have the box 
from Tangipahoa opened. 

Major Herron—I desire to state that it ap- 

S ears from the report of the supervisor, 
[r. Clover, that there were five boxes that 
were brought before the board, though not 
opened, and that although his report men¬ 
tions this box as illegally and insufficiently 
returned, the consolidated report not being 
signed in any one of these five boxes, al¬ 
though in his protest he says he has done 
so, I ask that the board receive the consoli¬ 
dated return as made to our State Central 
Committee by our Democratic supervisor 
and Democratic commission from these dif¬ 
ferent wards where the box is received. 

President Wells—We have no authority 
to receive anything from you. 

Colonel Zacharie—I ask that the board 
give particular directions that the five polls 
be taken out and counted. 

President Wells—You ought to have 
made that at an earlier period. We had the 
box here, and if the gentlemen had called 
our attention to that at the time, they might 
have had them opened. 

Major Herron—I desire to state that yes¬ 
terday it was understood that Mr. Clover 
would be here and would perhaps produce 
the missing papers. 

President Wells—Let the box be brought 
in. 

Major Herron—Are the votes to be 
counted? 

President Wells—No, sir. We have no 
authority to count the votes. 

Mr. McGloin introduced the additional 
testimony referred to by him above, stating 
that he had no receipt for the same and ask¬ 
ing for one. 

The box from the parish of Tangipahoa 
was then brought in by C. E. Horten, depu¬ 
ty clerk of the parish. The box was opened 
by General Anderson by means of a hatchet, 
no key having been brought with it. Gen¬ 

12 


eral Anderson removed from the box the 
statement of votes polled in the parish of 
Tangipahoa, list of voters, etc. He an¬ 
nounced the total vote in poll No. 10, eighth 
ward, as being 59. The statement of votes 
was signed by the commissioners, Daniel 
E. Cooper, R. R. Denison and E. C. Race, 
sworn toby J. B. Ellwell, clerk of election. 
For Tilden, 43, for Hayes 13. Kellogg had 
16, Burch 13. Of the others some had 13, 
and others 16 votes on the Republican 
ticket. 

General Anderson—It appears that J. B. 
Ellwell was a candidate himself as well as 
supervisor. 

President Wells—What the gentlemen 
want is that we shall take this copy of the 
statement of votes and all the necessary 
papers accompanying the count of that 
poll. 

Mr. McGloin—I believe all the testimony 
is in if you will notice. 

President Wells—Yes, sir. 

Mr. McGloin—Will you allow me to ask 
if there is anything connected with the 
various polls concerning, which the board 
claims the right to take official cognizance 
of or notice without pr oof? 

President Wells—We shall confine our¬ 
selves as nearly as possible to the reports 
of the supervisors. Whenever it is sup¬ 
plied with his testimony supporting his re¬ 
ports we shall act upon it. Where there is 
a contest and each of the parties has intro¬ 
duced evidence, we shall be governed by 
the weight of the testimony. 

Mr. McGloin — 1 should like to ask 
whether you intend to decide it by putting 
the testimony in two scales and determine 
the case in favor of the side which pulls 
the beam down? 

President Wells—We will take the case 
under consideration. 

Mr. McGloin—You gave me the point to 
make the remark. What I should like to 
know is, are there any facts in contest that 
you will take, ex-officio, notice of? 

President Wells—I think not, sir. 

Mr. McGloin—That is the ruling,that you 
will abide by the testimony before the 
board? 

President Wells—That is what we shall 
try to do. 

Mr. McGloin--And not go beyond any¬ 
thing that is now before the board? 

President Wells—No, sir. 

Mr. Gauthreaux—Will you take into con¬ 
sideration section two of the act No. 98, 
which provides that the board shall com¬ 
pile the statements of votes made by the 
commissioners? 

President Wells—Of course we will con¬ 
sider the statement of votes. 

Mr. Gauthreaux—But the chair has just 
stated that it would be guided by the re¬ 
ports of the supervisors as nearly as pos¬ 
sible. I woula now like to know if the 
board intends to examine the statement of 
votes made by the commissioners at the 
time of the election? 

President Wells—That is necessary for 
us to do. It is part of our duty. 

Mr. McGloin—There is no proof before 
the board in any manner as to the naturali¬ 
zation question, whether there were any 





90 


Proceedings of the Beturning Boa/rd. 


votes oast or any naturalizations or any¬ 
thing; of that kind. 

President Wells—The hoard will now ad¬ 
journ and take the whole subject mat¬ 
ter under deliberation, and make up their 
findings in regard to it. 

General Smith—When does the court 
meet again? 

President Wells—Not before Tuesday, 
sir. I don’t think it will be possible for us 
to do so sooner. 

General Anderson—I think we had bet¬ 
ter meet on Monday. 


President Wells—Well, Monday or Tues¬ 
day. 

Mr. Gauthreaux—I would like to ask 
whether the finding of the board will be 
read in a meeting here before its publica¬ 
tion? 

President Wells—That will depend upon 
the agreement of the board. I can not 
answer. The question is to come up before 
us for deliberation. 

The board then adjourned over, subject 
to the call of the president. 


Testimony of Ben James. 


The following portion of the proceedings 
before the Returning Board on Tuesday, 
November 28, was omitted at the time for 
want of space: 

Ben James was called and sworn by Gov¬ 
ernor Wells. 

General Anderson—Here are the interro¬ 
gatories to Ben James: 

Question—Where do you live? How long 
have you lived there ? and go on and state 
how old you are, whether you were an 
officer of the late election, how often you 
have been an election officer before ? 

Answer—I live in Ouachita; I am forty 
years old; I have been in Ouachita parish 
since August, 1865, to this present time, ever 
since I was a voter; I have been an officer 
of that poll (Logtown) twice; I was sent 
down there to deliver tickets. 

Question—Go on and state whether you 
had charge of the poll box at the late elec¬ 
tion, and what yon did with it on the morn¬ 
ing of the election; state whether you were 
interfered with going to the polls, and by 
whom; state all that was done to you. 

Answer—On November 7, in the morn¬ 
ing, at one o’clock, I started from Monroe 
with the box for the polls twelve miles be¬ 
low Monroe; when I got down about two 
miles below the city I was halted at the 
end of the lane where the two lanes come 
together by two yonng gentlemen; one by 
the name of Cook, I don’t know his other 
name, but I know him very well; the other 
I don’t know what they call him; he asked 
me where I was going; I told him I was 
going down to Logtown to carry the voting 
box; he told me I couldn’t go; that I would 
have to see Mr. Head; they called Mr. Head 
and he asked me where I was going, and I 
told him I was going down to Logtown with 
the voting box; he said, “Wbafc you got in 
it?” I says papers and ink, what they gener¬ 
ally put in it. Well, he says, you can’t go; 
we will have to send you down to head¬ 
quarters to have the box examined. Then 
a couple of young men got on their horses, 
and told me to come on, and they started 
on, and when we was in the lane that di¬ 
vides Pargoud’s and Downs’ place, and got 
about fifty yards, somebody says: “Halt; 
who goes there?” The young gentlemen 
said, “Scott;” one of them would ride for¬ 


ward and whisper, and ne’d say, “Pass on.” 
We went on again about fifty yards, and I 
heard, “Halt, who goes there?” and one 
of the young men said, “Scott,” and one 
would ride forward, whisper, and pass 
on; and we went on about the same dis¬ 
tance again, and again, “Halt; who goes 
there?” “Scott!” “Pass on.” The time I 
got about the stopping place, I 
reckon it was at the end of the lane in front 
of Joe Mitchell’s dwelling house, and there 
was a great log fire, with a lot of men lying 
all around; I don’t know how many there 
was; there was some lying down and some 
riding about; when I rode up there I got 
down and stood up there, and one of the 
young men rode off; after a while up comes 
Joe Mitchell, and Bob Enderson came 
around me, looked, and then I seen all of 
them whispering about there; after awhile 
they said, “All right,” and Joe Mitchell 
said to me, “Come to me;” I was standing 
there at the fire; I was down, and I says, 
must I ride or walk ? and he says, “You 
can ride if you want, *or you can leave 
your pony there;” then Joe Mitchell he 
came up, and he says I wish I 
had double-barreled shotgun; that was 
when he was getting on his horse; then he 
told me to march on down the road; then 
somebody said: “Pve got to go back and 
get that double-barreled shotgun;” I just 
knew I was going to be killed; I hadn’t got 
ten steps from the fire wUen I knowed they 
was going to kill me, when I broke and 
went through the woods; just then they 
commenced shooting, and I heard Joe 
Mitchell holler, “don’t shoot me;” but they 
kept a shooting, and finally he shot off his 
guns, when that arm dropped; I 
was then about thirty or forty yards 
of the fence; I went to the fence 
and jumped over, and there was 
a ditch right along it on the other 
side and I fell; I couldn’t lay there long, 
but I thought it was best to lay right flat; 
he said: “Never mind, God damn him, I 
will fix him; there is the damn rascal,” asd 
they come up to me, and one put the pis¬ 
tol right along here—you can see the mark; I 
was watching him and he fired; then I was 
speechless for I don’t know how long; after 
awhile, when I come to, I raised up from 
the ditch; I see’d no one; I crept over the 
bank of dirt and went on; after a little 








Testimony of Ben James, 


91 


while I Btumbled again and laid for awhile; 
then I picked up my arm and got away; be¬ 
fore I got away I runned into another ditch 
and fell in that, but I crept odt and had 
another start, and just when I crossed the 
big road I commenced throwing up. 

General Anderson—Do you mean vomit¬ 
ing? 

Answer—Yes, I fell and could not get up 
again for awhile; after awhile I scrambled 
np and went about five feet and fell again, 
and there I lay and couldn’t get up, and 
stayed there until the next day, until nine or 
ten o’clock; I reckon it was about that time 
I got np again; I was near blind; I couldn’t 
see as well as now on this side, but I knew 
very well where Colonel Pargoud’s house 
was, and I was near there; I took up that 
road as fast as I could, and when I got up 
there to the fence back of the stable I was 
so tired I didn’t think I could get home by 
myself, so I commenced calling Lawrence, 
Lawrence, a colored man there, and some 
of them got the alarm, and when they got 
there they said, “This is Ben James, and he 
is shot;” then after that Colonel Pargoud 
came out, and George Henderson asked 
the colonel to please carry me home; he 
said he would; he called Lawrence and 
he got a cart and got an old man and car¬ 
ried me across the yard next to the river 
bank; they allowed me to ride over the 
bridge; they got me into the cart and sent 
me home; they took my pistol also; this 
young man named Buokmean is the man, if 
I am not mistaken, that took my pistol; I 
took it to be him; 1 don’t know what be¬ 
came of the box, pistol, saddle, horse or 
anything else; some man fetched my hat to 
me about four or five days afterward; his 
name was Philip Jackson, a colored man. 

Mr. Casanave—You spoke about a pistol 
being put up to your head; was that pistol 
shot off ? 

Answer—Yes, sir, it was shot off; don’t 
you see the mark here, and it hurts me like 
anything. 

Question—State what your poj^tics are, 
and whether you were shot because you 
were a Radical. 

Answer—I am a member of the Repub¬ 
lican party, and was shot for my political 
opinion; nothing else that 1 know of; those 
men never had no hard feelings between 
me and themselves; live friendly together; 
neighbors together. 

Answer—State what you know about the 
formation of rifle clubs; whether they forced 
the Republicans being kept away from the 
polls because of fear. 

Answer—Yes, sir; and there was rifle 
clubs there; I was a constable, elected in 
1874, and went through the country a great 
deal, riding about, and 1 made it my busi¬ 
ness to talk with them, to tell them how to 
get along, how to have meetings; ever since 
this last gone May there has been rifle clubs 
organized in that parish by the Democratic 
party; I stayed there and heard them talk, 
and every 'man belonged to it except a 
young man named Talbot Stillman, 
and they would laugh at him and call 
him a little coward; how 1 came to 
find out so much about it was going 
in the country and hear the, men 


talk; we had one meeting, a couple of meet¬ 
ings; one in the Island and Bayou Desard; 
from that point the Democratic party start¬ 
ed their meetings at all our places; and in 
my riding around the colored men, good 
men, asked me what the Republican party 
expected to do; I asked them why, and 
they said the Democrats had a meeting and 
they asked them why they didn’t join them, 
and if the.y didn’t join them they would 
mark us; I says no, may be not; yon are 
talking that way; and it came to be all 
along through the summer, and this fall the 
good men will come along and help ns; I 
am well acquainted with a good many that 
had to join the Democratic clubs to save 
their lives; I have been to their houses, and 
they told me if they didn’t join they were 
going to see them out; 1 would tell them 
may be not; but they would say, Ben 
James, we must have protection; this place 
is going Democrat, and some of those men 
won’t join it; I know they will be killed, 
they said; for what? I said; I don’t know; 
after that 1 went back in town, and 1 was 
there a week and couldn’t hear nothing 
more; so one evening I went to another 
art of the parish adjoining Morehouse, and 
met a good many people np there, and 
they said they had been to the speaking, 
and one man named McWilliams told me 
he had to go away from the meeting; I 
asked what for, and he said those fel¬ 
lows had taken his name down, and he had 
nothing to protect himself, and they had 
run several men out on the Island; he asked 
me to stay with him all night; I told him 
that I could not do him any good; I was 
out on business and I would have to sleep 
myself; I said ain’t you got a gun or 
pistol, and he said no; and I said, Mc¬ 
Williams, all you can do is to get out of 
the house, because it is dangerous, because 
they are shooting men even in the day¬ 
time; then I rid on the far end of the par¬ 
ish, about five miles, and there stayed all 
night with a young man named Caleb 
Locke; I got there about two hours by sun; 
I found him there; he was picking cotton; 
I had a writ to serve on him; but I 
thought, as I stay with him all night, 
I wouldn’t serve it until I was about to 
leave; he talked about Captain Thiebault 
riding about at night, and Anally about 
four young men coming into the house I 
put up at, and he said that Captain Thie¬ 
bault was coming around that night; that 
they were going to make us join a rifle 
club; he said that if he comes around some 
body will have to die that night; they 
asked me if I was in my house; I told him 
I was not in my house, but then if any man 
would come to attack me in my house I 
would shoot him. Well, there was nobody 
come to the house. Next morning I went 
off' early and discharged my duty and had 
the man before the court. I went to several 
other places in the parish, where I traveled 
five or six miles all around, and I made it 
my business to go around to try to encour¬ 
age them, but they was afeard to have any 
meetings at all. 

Question—State what was the vote of the 
poll you were going to the seventh of No¬ 
vember, the last election; whether the 







92 


Proceedings of the Betuming Board. 


E ablioans had a majority at the polls and 
ow much! 

Answer—Well, in the poll at Logtown; I 
have been attending to that poll ever since 
it was a poll: I did the last time the poll 
was there; that was the time I issued tick¬ 
ets there in 1874; there was about 225 men 
belonged there, but there was about 
twenty-five men belonging to the Demo¬ 
cratic party; there was 200 Republicans at 
that poll generally, and they has gener¬ 
ally polled 175 or 150, seventy-five that was 
ahead. 

Gbvemor Wells—You mean that was the 
m^rity of the Republican vote? 

Witness—No; that is the whole of the 
majority. There was twenty-five Demo¬ 
crats; there was 200 men and there was 
twenty-five Democrats, that left out about 
175; that is the way that I had to sign. I 
was requested to issue tickets, and 1 knew 
pretty near every man in the place down 
there. 

Question—State any more you may know 
relating to political matters of the parish 
about me last election. 

Answer—Yes, sir; I knows a great deal 
around there. 

Governor Wells—What occurred after the 
election? 

Witness—Well, what occurred since the 
election? Since November 7 I have been 
shot, and ever since I have been shot, and 
ever since I have been in my bed, I don’t 
know anything just after the election, be¬ 
cause I just got out of my bed to come 
down here; I couldn’t tell anything since 
the election, no more than what 1 have 
heard; since I have been here the citizens 
have been a guarding of me— 

Governor Wells—Who did you say were 
guarding you? 

Witness—Citizens guarding me at night. 
Governor Wells—What did they guard 
you for? 

Witness—Well I knew if somebody didn’t 
protect me those fellows would kill me; 
bound to do it; I just had myself guarded; 
that was my opinion, and I know 1 was 
right about it, because they done tried to 
kill me once. 

Question—State whether you know of 
any prominent or active Republican that 
was killed, shot, whipped or otherwise mal- 
tieated. Give the names and causes of 
their ill-treatment. 

Answer—Well, I saw Gabel Shaws; they 
said he was a Democrat; they made him 
say so, and gave him a drink of whisky: 
some of them spoke about swearing him, 
and some of them said, *’Let him go; he is 
all right.” That was down there about six 
miles from Monroe. 

Question—State If you know any Repub¬ 
licans being driven from their homes with¬ 
out getting the benefit of their year’s labor 
and the cause of their being driven away. 

Answer—Yes, sir; there is Captain Spen¬ 
cer Watts, what is constable up at the 
Island, he was driven off and was glad to 
get away from there; up there at Mr. 
Brand’s place there was a man named Jim 
Thompson went away from there on ac¬ 
count of politically; several others, I don’t 
know how many, bnt there is several I 


know personally; some I don’t know only 
by sight, but I knows where they works. 

Question—State if you know ol any Re¬ 
publicans being compelled to be in the cot¬ 
ton field and woods at night? If so, state 
why they did so. 

Answer—Well, about six miles below 
Monroe, I can’t tell how many families 
lived out there; I know a man named Amos 
Burns; he laid out there himself long be¬ 
fore the election; that was before Benny 
Dinkgrave was killed; we went to see him 
about it, and he said he couldn’t do any¬ 
thing about it, and to see Ennemoser, and 
see what he had to say; and he said he was 
going home, and he advised us to go honae 
and shoot the first man that tried to come in 
our house; in the nights all the children had 
to get into the cotton patch, and they stood 
it as long as they could; I got home and 
stayed quiet; that was before Benny Dink¬ 
grave was killed; they had some sort of a 
row, and then the people on the places got 
soared and they laid out three or four 
nights. 

Question—State whether the roads and 
ferry landing to Monroe were picketed by 
armed Democrats before the election, and 
why they did so. 

Answer—Well, sir, they picketed on a 
Saturday, because the election came off on 
the seventh; they was picketed on the 
fourth all around Monroe, on the bank of 
the river, south of Monroe around up west; 
I saw a procession going out to the river; I 
saw the men coming in, and I found it was 
all as they said it was, like that night when 
they had me in there. 

Mr. Kenner—Why do yon suppose they 
pieketed these roads and places? 

Answer—They said there was four polls 
in Monroe, and in order to give the colored 
people a chance to vote their own opinion, 
and these places was block about to keep 
the men from passing. 

Mr. Kenner—Which men? 

Answer—The colored; and finally, twenty- 
six of them started, and when they got 
down near the place where it was block¬ 
aded they was shot at; Edward Taylor, 
George Green, and a man Irom King’s plan¬ 
tation; they lost three men in the gang; 
about twenty of them came through; the 
pickets shot at them and they ran off. 

President Wells—Repeat that, I didn’t 
exactly catch it. 

Witness—There was about twenty-six 
men, and part came from Mr. King’s plan¬ 
tation down on the river, and George Green 
was on King’s plantation, and he told me 
there was twenty-six men that was going 
to Monroe to vote and those pickets stopped 
them and commenced to shoot at them. 

President Wells—What pickets ? 

Witness—Well, them white men; but I 
don’t know who was shot among them; 
the boys said they missed three, but I 
don’t know whether they killed them or no. 

Governor Wells—You stated you were 
shot; what were you doing and what was 
your business when you were shot? 

Witness—I had the ballot box; I was 
deputy marshal, and I wanted to get down 
to Logtown with it; at the same time I was 
constable, and I had charge of the box to 






Testimony of Ben James, 


93 


take it down to Logtown so they could hold 
the election. 

Governor Wells—Who gave you the 
ballot box—the sherift? 

Witness—No, sir; Mike Grady, the super¬ 
visor; he gave id. 

Judge Dibble—I was going to say it may 
not be improper for me to put upon the 
record here the fact that we have no town¬ 
ship governments here as they have in the 
Northern States, and that all the functions 
of this region are performed by the parish 
organizations. The ballot-boxes are pre¬ 
served by the clerk of the court, and on the 
day of election distributed in different por¬ 
tions of the parish. The elections are held 
and returns made to the parish officers. 
This explains the fact how this witness had 
the box in nis possession on the road from 
Monroe to Logtown. 

General Smith—That we understand, but 
they have different polling places; they 
send the boxes from the parish at once. 

Mr. Kenner—Were there any United 
States soldiers in Monroe ? 

Answer—About a mile below the city, at 
Colonel Park’s gin house, there were some. 

Colonel Zacharie—I am not sufficiently 
familiar with the interrogatories, and do 
not know the details of any particular of 
the story related by the witness to examine 
him; I would like to say that these wit¬ 
nesses whom we are expecting will detail 
the true stare of this thing, have been de¬ 
tained by missing the train on the Jackson 
road, and I am not in a condition nor any 
of the counsel in a condition to ex¬ 
amine into the details of this affair. 
But we have no desire to extenuate 
any wrong-doing on the part of our 
people. Bat at the same time I am told 
that some affidavits have been sent us which 
will fully rebut the testimony given by this 
witness. I would like to ask the witness 
whether or not a large number of colored 
men came to Monroe armed with their shot¬ 
guns. 

Answer—Well, they didn’t go in no 
squads. They were running around .in the 
woods. As soon as they came into the town 
they didn’t use their guns. 

Colonel Zacharie—Was there not a large 
body of armed men in Monroe? 

Answer—No, sir. We had our guns on 
this occasion. There was a wounded man 
named Eaton Longwood, and we were pro¬ 
tecting him until the soldiers took charge 
of him. 

Colonel Zacharie—I am speaking of a 
time before the election. Did not the mayor 
order that no men should go armed threat¬ 
ening the public peace? 

Answer—He issued to the colored boys; 
he did not say black and white. 

Colonel Zacharie—It reads here to all 
persons, forbidding them to go armed. 


Answer—Yes, sir. 

Judge Ray—This examination will never 
end. It is in violation of the rule of the 
board. 

President Wells—Put the question di¬ 
rectly . 

Colonel Zacharie—Did not the mayor is¬ 
sue a proclamation? 

President Wells—He answered that by 
sayins? that the mayor issued no order to 
the white, but to the colored people. 

Colonel Zacharie—Do you mean to say it 
was issued to the colored people alone? 

Answer—It was issued to me; it was a 
printed notice. 

Colonel Zacharie—Were there not large 
bodies of armed colored people in the coun¬ 
try? 

Answer—Some men who were in the 
country had their guns because they did 
not want to go unarmed. Where we rested 
around our wounded men we had our guns 
until the soldiers took possession. We did 
not use our guns. 

Question—Did not United States soldiers 
go through the country and seize the arms in 
the country? 

Answer—There was but one place. I 
know where fifteen or twenty guns were 
found belonging to men in the country. 

Colonel Zacharie—Was there not a picket 
line aro md the town extending out into the 
country? 

Answer—No, sir; it was there to enable 
people who lived in the country to go into 
the city to vote. 

Colonel Zacharie—Are there any colored 
men who belonged to a club in Ouachita? 

Answer—I don’t know but one or two 
men; Peter Jenkins and Tom Howard; I 
thought it was mere bluff. 

Colonel Zacharie—How many attended 
meetings? 

Answer—I don’t know. I never attended 
any of the meetings. 

Colonel Zacharie—Did not the colored 
people attempt to intimidate those who 
joined a club? 

Answer—No. Last summer some of the 
boys went down on the railroad; I think 
Tom Howard was there; there were two or 
three colored Republicans there who got 
mad, and they deviled him and said that 
they would beat him. 

Colonel Zacharie asked the privilege of 
introducing a witness as soon as be ar¬ 
rives for the purpose of rebutting the wit¬ 
ness Pinkston. The witness is expected 
here this evening. 

President Wells—Let the witness with¬ 
draw and bring in the widow lady. 

General White—I understand that you 
allow documentary evidence. There are 
interrogatories out and answers to them on 
both sides. Are all of these to be filed ? 

President Wells—Yes. We make no de¬ 
parture from the rule whatever. 




94 


Proceedings of the Peturning Board. 


Testimony of Colonel Clayton Hale. 


The iollowing testimony of Brevet Lieu¬ 
tenant Colonel Hale, of the Sixteenth Uni¬ 
ted States Infantry, was filed before the Re¬ 
turning Board at its recent session: 

Question—What is your name, rank and 
number of the regiment to which you be¬ 
long ? 

Answer—My name is Clayton Hale; I am 
a captain of the Sixteenth Infantry, and 
brevet lieutenant colonel of the United 
States army. 

Question—Have you ever been stationed 
with a company from your regiment in 
Monroe, Ouachita parish, Louisiana ? 

Answer—I was stationed and in command 
of a company (H) of the Sixteenth In¬ 
fantry, and also of a company (I) of the 
Thirteenth Infantry, at Monroe, in Ouachita 
parish, Louisiana. 

Question—On what day did you assume 
command of the post at Monroe, Ouachita 
parish, Louisiana? 

Answer—I assumed command of the post 
and of all the troops at Monroe, Ouachita 
parish, Louisiana, on the twenty-fourth day 
of September, 1876. 

Question—Name the commissioned oflS- 
cei'S who served with you at that pose from 
the time you assumed command until the 
eighth day of November, 1876, 

Answer—First Lieutenant S. K Mahon, 
Sixteenth Infantry, served with me at Mon¬ 
roe from the twenty-fourth until the twen¬ 
ty seventh of September, when I sent him 
with a detachment of twenty men to Bas¬ 
trop, Morehouse parish, at which place he 
was stationed with said detachment until 
the ninth of November, 1876. First Lieu¬ 
tenant Henry M. McCawley, Thirteenth In¬ 
fantry, served with me at Monroe from the 
date I assumed command (twenty-fourth of 
September) until November 12,1876. 

Question—What was the special duty 
with which you were charged as command¬ 
ant of that post? 

Answer—I was charged generally with 
the preservation of peace in the parishes of 
Ouachita and Morehouse; to take such steps 
and do such acts as I might deem necessary 
t(Vprevent collisions between armed men; 
to interfere and prevent any act or acts on 
the part of any person or persons that might 
result in a breach of the peace or the shed¬ 
ding of blood; to the extent of my ability, 
to afford protection to all citizens of those 
parishes in the exercise of their political 
rights, and to prevent,unlawful interference 
by any one in the- legal expression of the 
political acts of others. 

Question—Did you ever, in the discharge 
of your special duty, send a detachment of 
troops to accompany the Republican speak- « 
ers in their canvass of the parish? 

Answer—I did not send detachments of 
United States troops to accompany Repub¬ 
lican speakers in their canvass of the parish. 

I did however, send detachments of troops 
to different points in Ouachita parish where 
Republican meetings were appointed to be 
held, and on none of these occasions, when 


detachments were sent, did they start with 
Republican speakers or with any person or 
persons going to those meetings. On sev¬ 
eral of those occasions the detachments 
were overtaken on the road by the Repub¬ 
lican speakers and other persons en route to 
the places of meeting. My instructions to 
the officers commanding these detachments 
were to station the detachments near the 
places of meeting, but not on or in view of 
the ground where the meetings were held, 
and to avoid a display of troops at such 
meetings, unless necessary to do so to pre¬ 
serve the peace, and not to allow the de¬ 
tachments to form part of any political 
procession or display; and if, while en route 
to such meetings, the detachments were 
overtaken by political processions or by 
persons making political displays, to halt 
the detachments to permit such procession 
or persons to pass; while on such duty not 
to hold conversation with any citizen on 
political subjects, and to forbid his men 
having conversation with any person or 
persons on any subject. 

Question—It yes, state how many times, 
where to and what commissioned officer 
was in command of said detachments? 

Answer—On the twenty-first of Go¬ 
to oer ultimo a Republican meeting was held 
in the courthouse square, in Monroe. On 
that occasion all of the troops were strictly 
kept in their camp, one mile distant from 
the place of meeting. The arms were in stack 
and the men held in readiness to move. I 
sent Lieutenant McCawley of the Thir¬ 
teenth Infantry, accompanied by an orderly, 
to attend the meeting, and instructed him 
in case unlawful attempts were made to 
interrupt or disturb the meeting to exert 
himself in the restoration of order by ad¬ 
monition to persons engaged in such unlaw¬ 
ful attempts to desist, and if unable by 
his personal efforts to prevent disorder 
from occuring, to sent his orderly with 
information of that fact to me in camp. 

On the twenty-fourth of October I sent 
Lieutenant McCawley and a detachment of 
eleven men to Grady’s schoolhouse, on the 
Island, in Ouachita parish, fifteen miles 
from Monroe, where a Republican meeting 
was appointed to be held. October 27, I 
sent Lieutenant McCawley and eleven 
men to Dinkgrave schoolhouse, six miles 
below Monroe, on the Ouachita river, 
where a public meeting was held. On the 
thirtieth of October I sent Lieutenant Mc- 
Cawley and eleven men to Cuba, in Ouach¬ 
ita parish, twenty miles distant from 
Monroe, where a Republican meeting was 
held. On the first of November I again sent 
Lieutenant McCawley and eleven men to 
Grady’s schoolhouse, on the Island, where 
a Republican meeting was held. And on 
the third day of November I went in per¬ 
son, Lieutenant McCawley being sick, with 
eleven men to St. James Chapel, on the 
Island, in Ouachita parish, twenty^ne 
miles distant from Monroe, where a Re¬ 
publican meeting was held. 

Question—State the condition of affairs 







Testimony of Colonel Clayton Hale, 


95 


which led you to deem it advisable to send 
these detachments as above. 

Answer—The condition of affairs in 
Ouachita parish at the dates referred 
to in my answer to the seventh 
interrogatory was very much unset¬ 
tled; a strong feeling of political bit¬ 
terness and intolerance was apparant 
among a large class of white persons resi¬ 
dents of it; complaints were made to me 
daily by negroes, of being driven from their 
homes, of being threatened, whipped and 
treated with other acts of violence, of their 
houses invaded at night by masked 
and armed white men, of visits by commit¬ 
tees from Democratic clubs and of notifi¬ 
cations from such committees to join Demo¬ 
cratic clubs within stated periods, under 
penalty of death; so intense was the mani¬ 
festation of intolerance and so determined 
was the threatening attitude of this lawless 
class of white men that the colored popula¬ 
tion of the parish seemed to have been re¬ 
duced to the most abject condition of ter¬ 
ror and helplessness. Mounted and armed 
organizations of white men were formed in 
different parts of the parish, and the acts 
and influence of these armed and mounted 
organizations seemed to have effectually 
repressed whatever law-abiding sentiment 
may have heretofore existed in the 
parish. In consideration of this state of 
affairs I deemed it a measure of prudence 
to send detachments of troops to every Re¬ 
publican meeting appointed to be held in 
remote parts of the parish to preserve the 
peace and prevent rioting and bloodshed. 

Question—Did you ever send a detach¬ 
ment of troops to accompany the district 
attorney pro tern, of Ouachita parish to the 
residence of Eaton Loawoodi If yes, state 
why, when, and what officer was in com 
mand of said detachment. 

Answer—I did qend a detachment of 
eight men and a non-commissioned officer 
under command of Lieutenant McCawley 
to accompany Mr. Hardy, the district at¬ 
torney pro tern, of Ouachita parish to the 
residence of Eaton Logwood, on the night 
of October 10; a murder had been com¬ 
mitted on the morning of that day at that 
place. Primus Johnson, colored, had been 
shot and killed, and Eaton Logwood, 
another colored man, bad been shot and 
dangerously wounded. Information of the 
murder of Johnson, the wounding of Log¬ 
wood, and that the roads leading to the 
place were picketed and patroled by armed 
men, was communicated to me, and on Dis¬ 
trict Attorney Hardy announcing his inten¬ 
tion to proceed to the place to obtain the 
declaration of Logwood and other evi¬ 
dence concerning the murder of Johnson 
and the wounding of Logwood, I considered 
it mv duty to send a detachment with him, 
in order that he might do so in safety. 

Question—Do you know of the killing of 
Primus Johnson and wounding of Eaton 
Logwood in the Island, parish of Ouachita, 
Louisianal 

Answer—The killing of Primus Johnson 
and wounding of Eaton Logwood, on the 
Island, in Ouachita parish, Louisiana, was 
communicated to me as stated in my answer 
to interrogatory No. 9. 


Question—State whether or not you had 
any conversation with colored men after 
the killing and wounding? What impres¬ 
sion was left on your mind of the eft’ect of 
that killing and wounding of Primus John¬ 
son ana Eaton Logwood upon the colored 
people and Republicans relative to their 
own safety? 

Answer—Numbers of colored persons re¬ 
siding near the place where Primus John¬ 
son was killed and Eaton Logwood wound¬ 
ed did call upon me after the shooting and 
sought my advice and protection. They 
seemed almost paralyzed with terror, and 
announced, many of them, their intention 
to leave the country and find some place 
where they could live with some assurance 
of not being shot down at any moment. 

Question—Were applications made to 
you for protection by the citizens of 
Ouachita? If yes, state by whom, when, 
where and for what reason these applica¬ 
tions were made? 

Answer—Very many applications were 
made to me by colored people for protec¬ 
tion. I can not enumerate the number of 
such applications or by whom or when 
made. They were made almost daily. They 
asked protection by reason of threats of 
violence having been made, by reason of 
many murders of colored people having 
been committed, and by reason of the gen¬ 
eral feeling of insecurity which seemed to 
prevail in every part of the parish. Mr. 
Fred. Endom, the mayor of Monroe, on the 
sixth of November applied to me for as¬ 
sistance in searching for and securing arms 
said to have been accumulated and secreted 
within the corporate limits of the city, 
for distribution for unlawful pur noses 
to the colored people. I assured 
him of my entire readiness to assist 
him, and went with him in person, 
and searched several places—the houses of 
colored peonle, where it was alleged arms 
were concealed—and the result of this in¬ 
vestigation was the finding of twenty-six 
old pattern shotguns and one pistol belong¬ 
ing to negroes visiting town for the purpose 
of voting at the election on the day follow¬ 
ing, and who, being unwilling to carry 
them around with them after arriving in 
town, had left them with their friends for 
safe keeping. The discovery of these guns 
having been made in the presence of a 
large and highly excited crowd of people, 
white and colored, I deemed it a measure 
of prudence to take charge of them, being 
fully impressed with the belief that, were 
they permitted to remain where found, the 
place would be raided by excited white 
people and the arms forcibly taken, and 
that not and bloodshed would doubtless re¬ 
sult. I accordingly caused them to be re¬ 
moved and placed under guard of a detail 
of troops until several days after the elec¬ 
tion, when they were returned to their re¬ 
spective owners. 

Question—Do you know of any disturb¬ 
ance created by Republicans, white or col¬ 
ored, in the parish of Ouachita, Louisiana, 
since your advent therein? 

Answer—No applications have been made 
to me for protection against white or col¬ 
ored Republicans. It has been stated by 






96 


Proceedings of the Returning Board, 


white citizeas of Ouachita parish, in my 

{ )re8enoe, in a general way, that Repnh- 
icans have been guilty of many acts of in¬ 
timidation and violence; but no specific 
acts were mentioned, and no complaints 
have been made to me by persons suffering 
from acts of violence at the hands of Re¬ 
publicans, white or colored. In my opin¬ 
ion, the Republicans of Ouachita parish, 
white and colored, were too much im¬ 
pressed with the uncertainty of their tenure 
of life to bring themselves prominently to 
the notice of Democratic rifle clubs, which 
would result from the commission of acts 
of violence on their part. To the best of 
my knowledge and belief hone have been 
committed by them. 

Question—Do you know of any disturb¬ 
ance created, or attempted to be created, by 
the Democrats of said parish of Ouachita; 
if yes, where and by whom? 

Answer—I ao know of my own knowl¬ 
edge that an attempt was made by persons 
styling themselves Democrats to disturb a 
Republican meeting at St. James Chapel, 
in the parish of Ouachita, ou the third day 
of November, the particulars of which will 
be more fully stated in my answers to in¬ 
terrogatories eighteen and nineteen. Many 
other acts by persons known as Democrats 
of actual rioting, and of attempts to create 
disturbances, have been reported to me at 
different times. 

Question—Do you know of any armed 
bands of men patroling the parish? If yes, 
who were they, and what was their motive 
for so doing? 

Answer—1 do know that an armed 
body of mounted men, marching as cavalry, 
was on the roads on the Island on the third 
day of November. I was informed at the 
time that it was a Democratic rifle com- 
any, commanded by one William T. Theo- 
alds (pronounced Tibbies) This armed 
body of men was in attendance at a Re¬ 
publican meeting at St. James Chapel 
on that date, as will be more fully shown 
in my answer to interrogatory nineteen. 
Lieutenant Henry M. McCawley, Thir¬ 
teenth United States Infantry, reported of¬ 
ficially to me that the same body of armed 
men was in the road and in attendance at a 
Republican meeting held at Grady's school- 
house, on the Island, on the first of Novem¬ 
ber. It has also beon reported to me by 
many colored people residing on the Island 
that thr same body of mounted and armed 
men has frequently during the month of 
October and in the first days of November 
been on different roads in the various por¬ 
tions of the Island, and has attacked the 
houses of many colored people at different 
times and places, committing acts of mur¬ 
der violence and intimidation upon their 
occupants. It has also been reported to me 
at various times that other armed and 
mounted companies have patroled the roads * 
in the different sections of the parish for 
the purpose of raiding and intimidating ne¬ 
groes. It has also been officially reported 
to me by non-commissioned officers of my 
command, having oha''ge of detachment 
on doty in the town of Monroe, that 
bodies of armed men, mounted and on foot, 
had at different times before the election 


patroled the streets of that town during 
the hours of night. 

Question—Do you know that the action 
of the Democrats in arming themselves and 
patrolling the parish of Ouachita tended to 
and did prevent a fair and free election on 
the seventh day of November, A. D., 1876? 

Answer—I do most certainly believe that 
the organization of these armed bodies of 
men, and the patrolling by them of the 
roads in the different sections of the parish 
of Ouachita, did have a very decided influ¬ 
ence in preventing a fair and free election 
in that parish on the seventh day of No¬ 
vember, 1876 

Question—State from what facts and 
evidence your conclusions therefor were 
drawn? 

Answer—My conclusions are based upon 
observations of effect produced upon col¬ 
ored people by the presence of W. T Theo- 
bold’s armed body of men at the Repub¬ 
lican meeting at St. James Chapel, and by 
the statements of many colored people, 
made to me, that they were afraid of these 
armed bodies of men, and by the many 
acts of violence and murder charged to 
have been committed by them, and by the 
hostile attitude assumed by them toward 
men professing to be adherents of the Re¬ 
publican party. 

Question—Were you ever present at the 
place where Republican meetings were held? 
If yes, state when, where and wether at 
said speaking there were any evidences or 
attempts of intimidation used, by whom, 
and how were these evidences or attempts 
of intimidation used, and against whom? 

Answer—I was present at a Republican 
meeting held at St. James Chapel, on the 
Island in Ouachita parish, on the third day 
of November, 1876. Attempts were made 
on that occasion by armed white men be¬ 
longing to Theobald’s Democratic Rifle 
Company to disturb and break up that 
meeting, and intimidate the persons attend¬ 
ing it. The attitude of these men was 
menacing toward speakers and toward the 
colored people in attendance. I was pres¬ 
ent, accompanied by an orderly, and had a 
detachment of United States troops with 
their arms in stack about 100 yards distant 
from the place of meeting. l' was standing 
on the outskirts of the crowd in attendance, 
composed largely of colored people, men 
and women. Mr. Astwood, the first speaker, 
had just commenced his address when 
these persons made a rush for the wagon 
from which he was speaking, several of 
them attempting to draw their revolvers 
while doing so, and all or most of them 
denouncing his statement, as “damned 
lies,” and calling him a “damned liar.” The 
colored people, men and women, were 
inuch alarmed at these hostile demonstra¬ 
tions, the most of them turning to flee from 
the ground. 

Question—If you state that you did at¬ 
tend a meeting of the Republicans and that 
there were evidences of intimidation, state 
whether or not you interfered and for what 
reason ? 

Answer—When 1 saw the crowd of col¬ 
ored people swaying back from the stand 
of the speaker, and heard the angry denun- 





lestimony of Colonel Clayton Hale. 


97 


oiations by these men of the speaker’s 
statements as “damned lies” and he as a 
“damned liar,” I rushed through the flying 
crowd of negroes. Springing in front of 
these men I pushed them back with my 
sword froni the wagon in which the speaker 
was standing, admonishing them to dis¬ 
continue their unlawful attempt at Tio- 
lence; that their language and acts were 
calculated to produce a breach of the peace, 
aud that I would, it necessary, use the de¬ 
tachment of troops to preserve order and 
prevent acts of violence on their part. 
The aspect of affairs was for a few mo¬ 
ments very threatening, but quiet was 
Anally restored, these men assuring me 
that they would refrain from further acts 
of violence, and that they would not again 
attempt to interrupt the speaker. After 
this the meeting was reasonably quiet, 
these men contenting themselves with de¬ 
nouncing in undertones the statements of 
speakers as “damned lies,” and conversing 
with each other. After the close of the 
meeting these men mounted their horses, 
marching in military formation as cavalry 
from the ground. From frequent observa¬ 
tion of columns of cavalry, 1 should judge 
that there were of these men present on 
that occasion about sixty in number, all of 
them armed with revolvers belted around 
their waists underneath their coats. 

Question—Were any acts of actual in 
timidatiou reported to you, and did you 
take official notice thereof? 

Answer—Many acts of actual violence 
and intimidation were reported to me by 
colored people living in Ouachita parish, 
and 1 did so far take official cognizance of 
many of such complaints i s to make writ¬ 
ten statements of them. A large num ber 
of such complaints were made, of which no 
written statements were taken down, being 
those made to me by people meeting me 
away from my office, and at places present¬ 
ing no facilities for writing. 

Question—State the particular cases, and 
your official action in the premises, as well 
as the effect of these casts upon the colored 
people? 

Answer—The first complaints after as¬ 
suming command at Monroe wf're made to 
me by Aaron Turner, George Biantly, Ned 
Mitchell, Andrew Harris and Lee Pool, all 
colored, that they had been driven from the 
place of J. T. Swan, on the Island, in Oua¬ 
chita parish, for attending a Republican 
meeting addressed by Mr. Packard and 
others at Monroe on Saturday, September 
23; chat before going to the meeting tl^ey 
had been warned by Mr. Swan not to attend 
it, under penalty of being turned off the 
place; that they were working on the place 
for a share of the crop, and that their labor 
for the entire summer had been bestowed 
upon the crop growing upon the place; that 
it was the prevailing custom to regard Sat¬ 
urday as a holiday, and that work on Sat¬ 
urday was usually suspended; that no 
work was done by any one on the place 
that day, and that none would have 
been done had there been no political meet¬ 
ing; that they did attend the Republican 
me^ ting on that day, and that on returning 
to their homes they were driven from the 

13 


place by Mr. Swan and others, who threat¬ 
ened them with violence and death in case 
they attempted a return; and that, by the 
unlawful act of Swan in driving them away 
from their homes, their share of the crops 
and their labor for the entire season was 
wholly lost to them. 

Complaint was made by colored people 
living on the Island, on Bayou DeSiard, and 
in the colony in Ouachita parish, that on 
the nights of October 21, 22 and 23, all of 
the Republican voters living at the places 
referred to were visited at their homes by 
bands of armed white men, representing 
themselves as missionaries from Arkansas 
and other adjoining States, telling the fright¬ 
ened negroes that they would have to at¬ 
tend the Democratic barbecue and meeting 
appointed to be held at the Colony Church 
ouTuPsday, the twenty-fourth, and especial¬ 
ly warning them not to attend a Republican 
meeting to be held on the same day at 
Grady’s Schoolhouse, on the Island, and 
threatening them with death in case these 
admonitions were disregarded. 

John McWilliams, Charles Hudson and 
Monk Moore, three of the colored men who 
were waited upon in the manner referred 
to, state that they identified amongst those 
engaged in these unlawful demonstrations 
two white men, Wyatt Brennon and 
Brooks. 

Jessie Briggs and Diana, his wife, state 
that one of the most abusive and threaten¬ 
ing of those that visited them was Dr. 
Cosper, a practicing physician on the 
Island. 

Another colored man, named Hardy, 
stated that Captain William T. Theobald 
threatened him with a whipping in case he 
attended the Republican meeting at Gra¬ 
dy’s. 

Charles Williams, William Burrell and 
Elisha Moore, all colored, complained to 
mo on the fifth of November that on the 
fourth they started to Columbia, in Cald¬ 
well parish, to carry there a quantity of 
Republican national. State, congressional 
and parish tickets, for the use of that party 
in said parish; that at Cuba, in the south¬ 
ern part of Ouachita parish, they were ap¬ 
prehended by a large party of white men, 
questioned, threatened with violence aud 
finally compelled to burn and destroy the 
said Republican tickets in their possession. 
After promising to join the Democratic 
party and vote the Democratic ticket they 
were permitted to return to Monroe, a pass 
being furnished them by a Mr. Lacy, living 
near Cuba, in said parish, of which the fol¬ 
lowing is a true copy: 

Cuba, La., November 5, 1876. 

Dear Colonel —The three men say they 
desire the protection of the Democratic 
parly, and ask that you see they have the 
opportunity to vote as they desire. 

Very respectfully, 

LOGTOWN CLUB. 

On the back this paper was addressed, 
“Colonel R Richardson, Monroe, Louisi¬ 
ana.” With this paper as their guarantee, 
they were enabled to return to Monroe, 
though several times stopped and ques¬ 
tioned by armed parties of white men 
while en route. They stated that they saw 





98 


Proceedings of the Beturning Board. 


large numbers of negroes trying to make 
their way to Monroe by traveling through 
woods and country remote from public 
highways. They also stated to me that 
they were desirous of voting the Repub¬ 
lican ticket at the election then to occur, 
but that after the threats made to them aud 
the promise they had given they were airaid 
to do so; that they were certain of being 
watched, and to vote the Republican ticket 
under the circumstances would be to im¬ 
peril their lives. 

Henry Gully and Alex Williams, colored, 
living near St James Chapel on the Island 
in Ouachita parish, on Mr. Charles Tid¬ 
well’s place, stated to me November 6 ^hat 
on the night of Saturday the fourth and 
Sunday morning, the fifth of November, 
Theobald’s men, thii ty or forty iu numbor, 
raided the houses of colored people in the 
vicinity of their (the witnesses’) homes; 
that they killed Henry Pinkston and his 
infant daughter and dangerously wounded 
Eliza Pinkston, his wife (all colored); that 
as late as 1 P. M., Sunday, the fifth, the 
body of Henry Pinkston was lying where 
killed, naked and unburied; that these 
armed raiders broke into and entered the 
houses of Ranald Driver, Edridge Lark¬ 
spur and So’omou Mathews, ail colored, liv¬ 
ing at the Lyle Place; that Driver was 
taken out, whipped and badly beaten by 
them; that Larkspur was not at home, and 
Mathews escaped and was pursued across a 
field, a number of shots being fired at him 
as he fled; that on the Ruth place, now oc¬ 
cupied by a Mr. Davison, they broke open 
the house of Wm. Logwood, colored, but he 
was away from home. These witnesses 
stated that they were only enabled to 
reach Monroe by traveling through the 
woods remote from the highways by 
stealth. That all of the roads on the Is¬ 
land leading to Monroe were patrolled by 
armed and mounted white men, and that 
the Chauvan bridge, across the bayou of 
that name, was strongly picketed; that 
these patrols and pickets were stopping all 
colored people on the roads. 

Sebrun Roberson, colored, stated to me, 
on the same day, that he lived on James P. 
Pace’s place, near and below St. James 
Chapel; that on Saturday, October 21, he 
was told by Dr. William Young that if be, 
Roberson, did not join the Democratic club, 
there would be shooting done near his (Rob¬ 
erson’s) house on the following week; that, 
being afraid of losing his life, he abandoned 
his home, going to Monroe; that on the night 
of October 23 hie house was broken into by 
a body of men and search made for him. 

Ranald Driver, an old colored man, 
stated to me that he lived on the Lyle 
place; that about midnight of November 4 
his house was broken open and entered by 
a large body of armed men, among whom 
were William T. Theobald, the three 
Logan boys (James, Robert and Walter) 
and Dr. Young, white men, and Frank 
Durham and Tom Lyons, colored; that he 
was seized, taken from his bed and house, 
blindfolded, thrown and stretched upon the 
ground, his shirt and drawers stripped off, 
leaving him entirely naked, men holding 
him by the feet and arms, in which con¬ 


dition he was beaten by these men upon 
his naked body with a leather surcingle; 
that he thinks he received at the hands of 
these men at that time over 400 lashes; that 
one of these men struck him on the head 
with the handle of a pistol, and that others 
gathered handfuls of dirt and forced it into 
bis mouth; that after the beating Theo¬ 
bald said to him, “If you do not join us 
at the Grady sohoolhouse at the ballot box 
on election day, I will kill you.” 

This man, Driyer, who was very much 
crippled and badly bruised from the beating 
infiioted on him, he further stated that he 
started from home early Sunday morning, 
the fifth, traveling by stealth through the 
woods, and reached Monroe, a distance of 
about eighteen miles, about noon of the 
sixth. JamcS Henry Colman, colored, 
stated to me that he was working on Mr. 
Charles Tidwell’s place, near St. James 
Chapel, on the Island, in Ouachita par¬ 
ish, Louisiana; that he boarded and lodged 
in the house of Henry Pinkston, in said 
place. Thau about midnight of Noyember 
4, while sleeping there, laying on the floor 
in front of the tire, he heard a large body 
of mounted men approaching the house; 
he raised and jumped out of the rear win¬ 
dow and crept under the house, and re¬ 
mained there concealed ; that the mounted 
men referred to, he thought about thirty or 
forty in number, surrounded the house and 
broke open the door ; that he heard a strug¬ 
gle inside the house, ani saw Henry 
Pinkston dragged outside by hie feet, and 
shot to death near the rear corner of his 
house ; that afterward he heard another 
scuffle inside the house; also heard shots 
fired and the outcries of Eliza Pinkston; 
saw her dragged outside by her feet, and 
saw her out an«i stabbed while lying on the 
ground, and that she was left lying thsre 
naked, aud, as he thought, dead; that the 
moon was shining brightly, and he saw and 
recognized among those engaged in the mur¬ 
der, Buck Baker, Dr. Young, Jo Swan, 
John Collins and Dave Tidwell, the eon of 
Charles Tidwell. He also stated that about 
ten days previous to the occurrence above 
mentioned, Mr. Charles Tidwell caused him 
to be seized, stretched and tied across a 
cotton bale, in which condition and position 
he was whipped in obedience to Mr. Tid¬ 
well’s orders, and in his presence, by the 
colored foreman or boss, and that he was 
then given about IQO lashes because of his 
unwillingness to join the Democratic club. 

BobWilliams and Cora Williams, his wife, 
colored, stated to me that they lived on 
the Pinker place, about one mile beyond 
the Grady School house, on the Island, in 
Ouachita parish, Louisiana. That on the 
night of Saturday, November 4, they heard 
mounted men riding toward the house. Bob 
Williams states that he ran out of his house, 
secreting himself in a corn field near it. 
That these men dismounted, and after 
surrounding his house, broke open the 
door and entered. Among those engaged iu 
this transaction he recognized Joe Turner, 
and one of the Logan boys, white, and 
Tom Lyons and Bob Meakin, colored. 

Cora Williams stated that the door of the 
house was broken open. That George 





Testimony of Colonel Clayton Hale^ 


99 


Philips, Bill Rhodes, Walter Logan, Captain 
Theobald, white, and Tom Ljons, colored, 
entered, dragged her from her bed and out¬ 
side the house, drew her night clothes over 
her head, stuffed paper in her mouth to 
sileuce her cries, compelled her place her¬ 
self on hands and feet—in which condition 
and position she was whipped with a leather 
strap, receiving about seventy-five lashes. 
That her body was badly out, bruised and 
lacerated from the effect of the beating. 
That after they had ridden away, and she 
returned to her bed, several of the men re¬ 
turned, among them Walter Logan^ who 
entered the house, went to her bed, and 
forcibly ravished her, holding a pistol to 
her head while doing so. 

Uwas also reported to me that on the 
same night the same body of armed men 
broke open and entered the house of an old 
colored man named 4bram Williams, living 
on the Hughes place, dragging him from 
hie bed and from his bouse, stretching his 
body on the ground, stripping off his shirt 
and drawers and whipping his naked body 
with a leather strap, and on his attempting 
to utter cries they silenced him by stamp- 
mg with their feet his face and head, and 
from the effects of the injuries thus re¬ 
ceived he was, at last advices confined to 
his bed 

Eliza Pinkston, colored, stated to me in 
Monroe, November 21, 1876, that at about 
three o'clock on Sunday morning, Novem 
ber 5, she, her husband, Henry Pinskton, 
her daughter Ida, aged seven years, and in¬ 
fant daughter aged eleven months, were 
sleeping in their house on Charles Tidwell’s 
place, near St. James Chapel, on the Island, 
m Ouachita parish, Louisiana; that the 
house was surrounded by armed men. thirty 
or forty in number. The door was broken 
open, they seized her husband, blind¬ 
folded him, struck him with her hand ax 
which they brought from her wood pile, 
stabbed him with knives, and that one of 
them, reaching down, cut off his privates 
and threw them outside the door; that 
they then jerked him outside, threw him to 
the ground, stripped off his drawers, with 
which they tied his legs together, 
then dragged him by his feet beyond 
the rear corner of the house, where 
one of the men standing astride, 
his prostrate body—fired five shots from a 
pistol into him, holding the pistol while do¬ 
ing so within a few inches of Henry’s body, 
and that he was shot to death; that she 
witnessed these latter occurrences while 
standing by a window, overlooking the 
place, the moon shining brightly at the 
time; that after killing her husband the 
men returned to the house, assailing her, and 
one of the men killing her infant daugh¬ 
ter by cutting its throat; that one of the 
men, looking on while the child was killed, 
said, “I wouldn’t have killed the baby; kill 
tue old ones and let the babies alonw;” to 
which Captain Theobold replied, “Yes, by 
God, we will kill all of them; we will carry 
this election, if we have to kill them that 
are in the womb;” that she was seized, out 
with a knife and shot twice, once in the 
breast and once in the leg below her knee; 
thrown to the floor, dragged by her feet 


outside, when she was struck on the head 
with the ax (the handle breaking from the 
effects of the blow); was stabbed several 
times with a knife, out in the thigh 
and hip, her throat and breast ga'<hed, 
her jaw shattered by a blow from 
the heel of one of the Logans, and 
left for dead, lying naked and bleeding 
upon the ground in front of her house; 
that on her attempting to raise herself, her 
little girl Ida, who had been concealed un¬ 
der the mattresses of the bed, came to her 
assistance, and she was enabled with it 
to crawl to a cotton patch near the 
house, and subsequently to the house of 
Alex. Williams, colored, wnpre some clothes 
were given her; that she then went to the 
house of Mr. Charles Tidwell, whom she 
found in bed, fully dressed, except that his 
siioe^ were off; that he sent her outside be¬ 
cause the blood from her wounds was stain¬ 
ing nis floor; that she returned to Alex 
Williams’ house, in the quarters, where she 
was visited once by a Dr. Helmeck, to whom 
she paid $10 for dressing her wounds; that 
she remained at the quarters until Friday, 
the seventeenth of November; that she was 
repeatedly warned by her colored friends 
that she would be killed if she continued 
to remain; that she attempted to get 
away; that she wandered through the coun¬ 
try, trying to reach Monroe; that colored 
people would not give her shelter, being 
afraid to do so; that she finally reached 
Monroe on Tuesday, November 21, 1876. 
She also stated that among th'^se engaged 
in the murder of her husband and in the 
attempt to kill her she recognized Captain 
Theobald, “the Logan that rode the white 
mare,” and another Logan, his brother; 
Buck Baker, Dr. Young, Bill Rhodes and 
young Mr. Armstrong, all white, and Prank 
Durham and Tom Lyons, colored. 

The effect of the putrages, perpetrated as 
herein stated, was to effectually intimidate 
and overawe the colored people in the 
parish. 

Question—State whether or not the con¬ 
dition of affairs in Ouachita parish, Louisi¬ 
ana, were such during the time of your 
residence there, as would tend to prevent 
a fair and free election in said parish? 

Question—The condition of affairs in 
Ouachita parish during the period I was 
stationed there, was in my opinion such as 
to prevent a'fair and free election. 

Question—State whether or not in your 
intercourse with the colored people you 
have found them timid and easily fright¬ 
ened? 

Answer—From my observation and 
knowledge of colored people living in the 
Sou'hern States, I do believe that they are 
very timid, in fact almost destitute of 
courage that their fears are easily wrought 
upon, and they will quickly yield to an op¬ 
posing display of force, especially if the op¬ 
posing element is composed of armed white 
men. 

Question—State whether or not in our 
opinion the condition of affairs in said 
parish, from the time you were stationed 
there to the election were such as to influ¬ 
ence them in their action of voting, and by 
whom these influences were exerted ? 





100 


I 


Proceedings of the Beturning Board. 


Answer—I am eonvinced that the condi¬ 
tion of affairs in Ouachita parish from the 
twenty-third oi September, 1876, until the 
election was not only such as to influence 
the colored people in their voting at that 
election, hut was also such as to compel the 
greater number of them to vote the Demo¬ 
cratic ticket. From reliable information 
communicated to me I believe that the town 
of Monroe at the time of the election there, 
and for several days previous, was encircled 
and picketed by armed men, and that all 


of the roads and approaches thereto were 
so strongly guarded by the same class of 
men as to effectually prevent colored people 
from either going to or from it without 
great risk to their lives. 


rr.AVTnivr TTAT.R 


Captain Sixteenth Infantry, Brevet Lieu¬ 
tenant Colonel United States Army. 
Subscribed and sworn before me, Decem¬ 
ber 1, 187Q. F. E, WOOLFLEY, 

Commissioner United States Circuit Court, 
District of Louisiana. 


Oircnlai* of Insti^nctions to Democratic Clubs. 


I 

The following circular of instructions to 
Democratic clubs was issued about the time 
of the Democratic convention at Baton 
Kouge, It was published in the Repub¬ 
lican of August 5, and is reproduced as 
furnishing the key to the bloody events of 
the campaign just closed: 

[Confidential.! 

Rooms Democratic Consjirvatitb State ! 

Central Committee, S 
Room No. 1, over Cotton Excliange, j 
New Orleans, -, 187— .J 

Dear Sir— In writing to you on the sub¬ 
ject uf the coming election, we are animated 
by the same earnest desire, which you no 
doubt feel, to wrest the government of the 
State from the hands of the vandals who 
have for so long a time prostituted their 
usurped powers to strike down our liberties 
and destroy our prosperity. Every effort 
which we have made so far, to shake off this 
fearful burden of Radical rule, has failed. 
Another opportunity is off’erea us bo rid our¬ 
selves of an evil which has become in toler¬ 
able. To accomplish this object all conserva¬ 
tive citizens of this State should unite in a 
solid, compact body, and not only use every 
effort themselves, but urgo upon every one, 
within the range of their influence, to an 
earnest, active participation in the present 
campaign, and to permit no local dissensions 
to distract them from the great work, which 
is the redemption of our Stare. No great ob¬ 
ject, such as rve have in view, can be accom¬ 
plished without zealous, persistent, vigilant 
and united action. Each m^n must feel 
that he has a mission, and that the result 
may depend upon his individual efforts; no 
one must imagine that the work will be 
done by some one else. All have an equal 
interest, and all must contribute. This can 
, onl.'^ be effected by organization m each 
parish; organization so thorough and com¬ 
plete as to embrace within it every honest 
man. All must be made to understand that 
whosoever is not for us is against us; that 
there can be no neutrality when such vital 
interests are at stake; that the responsi¬ 
bility of failure will rest upon those who 
are idle, discontented or captious. Indi¬ 
vidual ambitious, personal aspirations and 
unworthy prejudices must be laid aside, so 
that, moved by a common patriotic impulse, 
all may be united lor the common good. 


As the central organization of the State, 
and upon which the people have conferred 
all the power we possess, we desire to pro¬ 
pose, for the consideration of yourself and 
the Democratic-Conservative citizens of 
your parish, the character and working of 
such organizations as we think can be made 
effectual to achieve victory in the coming 
canvass. 

First—We suggest that your. executive 
committee shall divide the parish into dis¬ 
tricts, by sections or townships, as you may 
deem best, to each of which there shall be 
assigned a director or directors, whose duty 
it shall be to canvass his (or their) district, 
and report to the parish committee the 
number and the names of those who inhabit 
it, dividing them into their political distinc¬ 
tions. 

Second—We recommend that in conver¬ 
sations with each other no gloomy fore¬ 
bodings shall bo indulged in, and that the 
result of the coming election shall be spoken 
of as a foregone conclusion, as we have the 
means of carrying the eleotif'n and intynd 
to use them. But be careful to say and do 
nothing that can be construed into a threat 
or intimidation of any character. You can 
not convince a negro’s reason, but you can 
impress him by positive statements contin¬ 
ually repeated. 

Third—We rei’ommend that clubs shall 
be formed in different sections of the par¬ 
ish, of which there shall be frequent meet¬ 
ings, and as otten as may be convenient a 
central meeting of all the clubs. That oc¬ 
casionally the ward clubs should form at 
their several places of meeting, and Ipro- 
ceed thence on horseback to the central 
rendezvous. Such meetings would tend to 
produce harmony, besides being an occa¬ 
sion for amusement and interesting ceie- 
rnonies. Proceedings of this character 
would impress the negroes with a sense of 
your united strength. They have been 
taught that they outnumber you; such 
meetings would convince them of their 
error. 

Fourth—It is of the last importance that 
every effort should be made to prevent 
fraudulent registration and repeating on 
the day of election. To accomplish that ob¬ 
ject, gentlemen of known integrity should 
be assigned carefully and constantly to 
watch the registration and to make affida¬ 
vits concerning all irregularities or frauds. 









Circular of Instructions to Democratic Cluhs. 


101 


On the day of election several gentlemen 
should attend each polling precinct, and at 
the close of the day make a sworn return of 
the result, and forward the same to the 
State central committee, to be used as a 
check against fraudulent returns. This, to¬ 
gether with the measures suggested in the 
first paragraph of this circular, will to a 
great extent insure a fair election. 

Filth—We recommend that the names of 
the officers of each club and the numerical 
strength of the clubs shall be forwarded to 
this committee as soon as possible. 

Sixth—We recommend that on the day of 
the election, at each polling place, there 
shall be affidavits prepared to the effect 
that there has been no intimidation, and no 
disturbance on account of any effort by the 
Democratic-Conservative party, to prevent 
any one from voting on account of “race, 
color, or previous condition of servitude.” 
Should there be any disturbance, the affi¬ 
davits made subsequently thereto, should 
set forth its cause and origin. 

Seventh—We recommend that at every 
political meeting of the opposite party sev¬ 
eral gentlemen should be present and take 
notes of the proceedings, and especially of 
any threats on their part against the white 
people, or of any appeal, made to the ne¬ 
groes by any white man, of an incendiary 
character. 


By adopting the preceding suggestions 
our party will have a thorough organiza¬ 
tion, all the members of which will be knit 
together for a common object, and will thus 
have a dioiplioed political body, moving 
with a fixed purpose over ground marked 
out and well known to certain victory. 
There are some who will object to this plan 
as involving much trouble. But recollect 
that nothing great can be accomplished 
without trouble, and that our object is to 
wrest the government of the State of Louis¬ 
iana from an alien band of robbers, and re¬ 
store it once more to the hands of her own 
people; to cause intelligence and virtue to 
resume their proper functions, and to elim¬ 
inate from the body politic the effects pro¬ 
duced by ignorance and vice. This com¬ 
mittee pledges itself to an earnest, unselfish 
and patriotic co-operation with each and 
every parish in the State to compass the 
great end. 

In conclusion, we suggest that at least 
two delegates from each parish, properly 
accredited by their respective parish com¬ 
mittees, should come to New Orleans and 
remain during the session of the Returning 
Board, to aid, with their knowledge of 
facts, the State central committee in pre¬ 
venting fraudulent returns by that board. 

I. W. PATTON, President. 

P. J. Sullivan, Secretary. 





\ 





} 9 •: 



MfJ 


(fci 4 i 





'‘Ji’ 

'V' "•• ^ 


i jC 


■f - V 








■ r <v . ..*. > Uf •:^fi ' 

Z. .*V «' *,'1 , <‘%»'* /■‘t ■'i'♦’^1“ ^ - . i^ 

■ ’, - ' ■“ •.■'■ *■ ; * il 

,'■ .’ '. ,v. '. ■' ' ’‘v^'Vy* 


tf «, 

A . 


tV 



fi. 


i'a'-lTV' • ..*• : ' 

I ’ V.^ ' : 


•'Vi 



» w#'' V HAvt; 




( 


'• ;> \iiir ^ 


■ • 'r.^/¥’ ‘■:‘W 



.,5.J>;^'’; :v i*: 


/is .“'V' ■«■ .'-A.- ■ ' ; ' : .. .- ^ .fc'- .UH 



-,4,. , v / 't 

. • .*• M • 1 :,,si.. ' 






r V *: , 


is Y. . *''\;:,r;'r^ii'^ • ' 



ilW'vJk^V. ••.-.I*'' I . ■■ .'• • .^•*<./*i- 


♦ 


■. V .-y^; 9 Vf 

d 1/ ^ % i'/».h 


!•'• I. 


♦TT.. -. ".W.._JL.m-' ' ■• 


■uP^'rrv. 




■•fji !-'.}, _ >;.'■ 



hY* 



vY" 


V , * 


l^fA 


Ak7<l4,. 


'..1 

i ‘f^mS^/ot i‘ 'U-. ■. ‘ ' HB ., 1 ■•iitt'tV', ^ : ,' ■ fr ,-jL^! \h 



• ‘ _ I X V ,x^’< ' 


• ■' 't ■? V ■' 


■■■ ^‘'^>V'\ 


''Y vj (5S^ 




h ■■» 


.i.. 

> . * 


)! 1 /■. 'Sr 


1?; 

S5li vi*^. 

‘aw.’S 

j,.':it;'.'..'r ',.1^ ■ 


';,V!<l^ 







LIBRARY OF CONGRESS ^ 



0 028 070 870J 




